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Question:

Supermarket exit alarm rang, the supermarket has the right to search the guests it?

Supermarket exit alarm rang, the supermarket has the right to search the guests it?

Answer:

The supermarket has no right to search for the customer. Customers out of the supermarket, the alarm rang, the supermarket can ask the customer to check whether they have not paid things, but can not search the customer, nor in the absence of evidence that the customer stole something, and customers should take the initiative to prove themselves, If the customer does not take the initiative to prove himself, the supermarket can be alarm, so that the public security organs to check. If the customer does not check out something, the supermarket should apologize to the customer. Of course, public security personnel must produce valid documents before proceeding. According to Chapter II of the Constitution, the basic rights and obligations of citizens. Article 37 The personal freedom of citizens of the People's Republic of China shall be inviolable. Any citizen, without the People's Procuratorate approved or decided or the people's court decision, and by the public security organs, not to be arrested. Prohibiting illegal detention and other means of illegally depriving or restricting the personal freedom of citizens and prohibiting the illegal search of citizens' bodies. Chapter IV Infringement of Citizens' Personal Rights and Democratic Rights. Article 144 Whoever illegally controls others or illegally searches for another person's body, residence, or illegally intrudes into another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Supermarket is no right to search the body. Up to ask you to cooperate with their own package (pocket) This is not called search, because it is your voluntary. If you do not want to report it immediately. Only the public security organs to the suspects to search the body. But there are provisions, such as public security personnel can not search for the opposite sex. Of course, public security personnel must produce valid documents before proceeding. According to Chapter II of the Constitution, the basic rights and obligations of citizens. Article 37 The personal freedom of citizens of the People's Republic of China shall be inviolable. Any citizen, without the People's Procuratorate approved or decided or the people's court decision, and by the public security organs, not to be arrested. Prohibiting illegal detention and other means of illegally depriving or restricting the personal freedom of citizens and prohibiting the illegal search of citizens' bodies. Chapter IV Infringement of Citizens' Personal Rights and Democratic Rights. Article 144 Whoever illegally controls others or illegally searches for another person's body, residence, or illegally intrudes into another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Supermarket security has no right to search the consumer, the supermarket has violated the personality of the consumer, so you can ask for compensation for mental damage. "The Supreme People's Court on the determination of civil tort liability for the interpretation of a number of issues" provides that: citizens due to portrait rights, reputation, honor, personal dignity, personal right and other personality rights suffered illegal infringement, you can appeal to the people's court Compensation for mental damage. These provisions protect the consumer at the time of shopping, their personal interests are inviolable. The victim may bring a lawsuit to the people's court within 2 years from the date of the infringement of the interest, request the people's court to order the supermarket to apologize, to eliminate the influence, to restore the reputation, and to claim compensation for the loss.

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