Original link: https://www.yinwang.org/blog-cn/2022/09/12/lockdown-unconstitutional
Epidemic lockdown is unconstitutional
(Due to the network blockade, many domestic people may not be able to see my blog. You are welcome to copy and reprint.)
The Chinese people have endured brutal blockades for so many months, thinking that all this is legal and the government has the right to do so. However, please take a closer look at Article 37 of Chapter II of the Constitution of the People’s Republic of China :
Article 37 The personal freedom of citizens of the People’s Republic of China shall not be violated.
No citizen shall be subject to arrest unless it has been approved or decided by the people’s procuratorate or decided by the people’s court and executed by the public security organ.
Unlawful detention, illegal deprivation or restriction of citizens’ personal freedom by other means, and illegal searches of citizens’ bodies are prohibited.
The Constitution is supreme, and there is no reason for depriving or restricting the personal freedom of citizens except the procuratorate or the court convicted of guilt. The epidemic is no exception.
I think the lockdown of the epidemic completely violates the Chinese constitution, and it is an “unlawful deprivation or restriction of the personal freedom of citizens”. Some people may say that the “epidemic prevention law” stipulates that this is not “unlawful deprivation or restriction”, but “lawful deprivation or restriction of the personal freedom of citizens”.
But please look at Article 5 of Chapter I of the Constitution:
Article 5 The People’s Republic of China implements the rule of law and builds a socialist country under the rule of law.
The state maintains the unity and dignity of the socialist legal system.All laws, administrative regulations and local regulations shall not conflict with the Constitution.
All state organs and armed forces, all political parties and social groups, and all enterprises and institutions must abide by the Constitution and laws. All violations of the Constitution and laws must be investigated.
No organization or individual shall have privileges beyond the constitution and laws.
If the Epidemic Prevention Law stipulates that the personal freedom of citizens can be deprived or restricted in this way, then the Epidemic Prevention Law is unconstitutional and an invalid law, and citizens do not need to abide by it. Anyone who knows the law knows this. I hope that Chinese legal professionals will take action and file a lawsuit with the Supreme People’s Court, ruling that all these actions are “unconstitutional”, stop all these unreasonable bans, and return personal freedom to the Chinese people.
In addition, compulsory or disguised compulsory nucleic acid testing, vaccination, compulsory isolation of positive or close contacts, and restrictions on entry and exit with health codes and site codes are also violations of the constitution and should be stopped immediately. No matter how serious the epidemic situation is, all epidemic prevention measures should be based on voluntary, which is in line with the constitution.
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