Case:

On a breezy spring evening, college teacher A, after finishing his busy day, set out from his unit, crossed the bustling street, and went to the subway station three kilometers away. A was thinking about some problems in teaching and scientific research while walking. His brain was running at a high speed, but his steps were very relaxed and he was in a good mood.

When A passed the gate and was ready to go down the stairs to the platform for a bus, two policemen, Zhao Tianwang and Qian Dihu, stopped him. Zhao Tianwang was very impatient and asked A to show his ID card. A opened a dialogue without arrogance.

"Hello, why do you want to check my ID card? Do I look suspicious?" A asked.

Zhao Tianwang immediately replied, "This is a routine inspection."

A continued to ask, "OK, I would like to ask, do you have any legal basis for checking my ID card?"

Zhao Tianwang frowned, first saying that it was the People's Police Law, and then said that it was the Resident Identity Card Law.

A broke the casserole and asked, "What law is it? What article is it? You have the obligation to tell me which law is based on which article to check my ID card."

Zhao Tianwang looked at A again and said in a slightly contemptuous tone, "You want to know, don't you? Yes, if you really want to know, you can go to the police station with me to know!"

A is usually vegetarian and drool when he sees the green belt when he is hungry, but he does not always eat vegetarian food, and sometimes he also eats meat.

A said, "I want to know the legal basis for you to check your ID card, but you can't answer it. Let me go to the police station. Excuse me, so what kind of law and what kind of law is used to let me go to the police station?"

It seems that Zhao Tianwang has never met such a difficult role before. He seems a little flustered. He blinks, swallows saliva, and squints. On this warm spring night, he seems to feel a little hot. Scratching his head is a bit thirsty. He has nothing to say. He looks at Qian Dihu for help.

Qian Dihu came to the rescue. He first asked Zhao Tianwang to wear a law enforcement recorder, and then came to communicate with Jia himself.

Qian Dihu said in a friendly way: "Hello, sir! Well, our law enforcement is based on the Law of the People's Republic of China on Resident Identity Cards and the Patrol Regulations of the Urban People's Police. As you know, it is not easy for our police to perform official duties. Please cooperate and don't delay your work."

Seeing the sincerity of the other party, A feels that he has received due respect. Many students and friends of A are fighting in the front line of the public security, knowing their difficulties and great contributions to society.

A has always advocated that the relationship between government functionaries and citizens should follow the following principles: "Those who are kind love others, and those who are polite respect others. Those who love others will always love them, and those who respect others will always respect them." In plain English, it means that you respect me and I respect you.

A reciprocated with a friendly response: "It's not easy for everyone to understand. OK, no problem."

Finally, A cooperated with the ID card inspection and continued his return journey.

Question: Did the actions of Zhao Tianwang and Qian Dihu infringe upon what constitutional rights of A?

Tips: It should be divided into three levels: scope of protection, intervention and justification. First, we need to determine what basic rights are involved (personal freedom? Human dignity? Or other basic rights?); Then, judge whether the behavior of the police constitutes intervention; Finally, examine whether the intervention can be justified.

When examining whether the intervention can be justified, an important issue is whether there is a corresponding legal basis. In this regard, we should carefully examine whether the first paragraph of Article 15 of the Resident Identity Card Law and the relevant provisions of the Urban People's Police Patrol Regulations constitute the basis for Zhao Tianwang and Qian Dihu to check their identity cards in subway stations.

[Relevant provisions]

Article 37 of the Constitution:

The freedom of the person of citizens of the People's Republic of China is inviolable.

No citizen may be arrested unless approved or decided by the People's Procuratorate or decided by the People's Court and executed by the public security organ.

Paragraph 1 of Article 15 of the Law on Resident Identity Cards:

When performing their duties according to law, the people's police may examine their resident identity cards upon producing their law enforcement certificates in any of the following circumstances:

（1） It is necessary to find out the identity of the person suspected of breaking the law or committing a crime;

（2） It is necessary to find out the identity of relevant personnel when implementing on-site control according to law;

（3） When an emergency seriously endangers public security occurs, it is necessary to find out the identity of the relevant personnel on the scene;

（4） It is necessary to ascertain the identity of the persons concerned at railway stations, long-distance bus stations, ports, docks, airports or places designated by the people's governments of cities divided into districts during major events;

（5） Other circumstances required by law to identify.

Article 4 of the Regulations on Patrol of Urban People's Police:

Article 4 The people's police shall perform the following duties in patrolling and on duty:

（1） Maintain public order in the police area;

（2） Prevent and stop acts violating the administration of public security;

（3） Prevention and suppression of criminal acts;

（4） Alert the scene of unexpected public security incidents, guide the masses and maintain order;

（5） Participate in handling illegal assemblies, processions and demonstrations;

（6） Participate in the handling of disasters and accidents, maintain order, and rescue personnel and property;

（7） Maintain traffic order;

（8） To stop acts that hinder State functionaries from performing their duties according to law;

（9） Accept citizen alarm;

（10） Persuade and stop civil disputes in public places;

（11） Stop the troublemaking behavior of mental patients and drunken people;

（12） Guide the way for pedestrians, help people who are in a state of emergency, such as suddenly injured, ill, or in distress, and help the disabled, the elderly, and children in difficulty;

（13） Accept the lost and found articles, try to return them to the owner or send them to the collection department;

（14） Patrol the security precautions in the police area and remind relevant units and residents along the street to eliminate hidden dangers;

（15） To check the police's appearance and discipline;

（16） To perform other tasks that the people's police are required to perform by laws and regulations.

Article 5 of the Regulations on Patrol of Urban People's Police:

The people's police shall exercise the following powers in patrolling and performing duties according to law:

（1） Check the persons suspected of breaking the law and crimes, and check the vehicles and articles suspected of breaking the law;

（2） Check the resident identity card;

（3） Existing criminals, suspects of major crimes or fugitives may be detained first or other coercive measures may be taken according to law;

（4） Correct the behaviors violating the road traffic management;

（5） Those who violate the administration of public security may be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security;

（6） In emergency situations such as pursuit, rescue and rescue, priority may be given to the use of means of transportation and communication of organs, organizations, enterprises, institutions and individual citizens upon presentation of their certificates. It shall be returned in time after use, and appropriate fees shall be paid, and compensation shall be made for any damage caused;

（7） Exercise other functions and powers stipulated by laws and regulations.

Article 91 of the Legislative Law:

The ministries and commissions of the State Council, the People's Bank of China, the National Audit Office, and institutions directly under the State Council that have administrative functions, as well as institutions prescribed by law, may formulate rules within the authority of their own departments in accordance with laws and administrative regulations, decisions and orders of the State Council.

The matters stipulated in the department rules shall belong to the matters of implementing laws or administrative regulations, decisions and orders of the State Council. Without the basis of laws or administrative regulations, decisions and orders of the State Council, departmental rules may not establish norms that derogate from the rights or increase the obligations of citizens, legal persons and other organizations, and may not increase the powers or reduce the legal responsibilities of the department.