作为法学范畴的自由有三个不同层次的含义 ,即作为法律价值的自由体现为法律所追求和所实际建构出的社会自由状态 ,作为法律权利本质属性的自由则体现为法律赋予权利主体可以按个人意志行使或放弃该项权利、不受非法的干预或胁迫的自主性 ,作为法律权利的自由即自由权是指由宪法和法律规定和保障的权利主体可以依自己的意志享有某种自由 (利益 )或实现某种自由 (利益 )的权利 As the category of freedom of law, there are three different levels of meaning, that is, the freedom of legal value is embodied in the state of social freedom which is pursued and practiced by law, and the freedom as an essential attribute of legal rights is embodied by law. Will exercise or abandon this right, free from unlawful interference or coercion of autonomy as a free legal right of freedom means the right and the protection and protection of the Constitution by law and the subject can enjoy a certain freedom (interest ) Or the realization of some kind of freedom (interest)