Emergency Response To Protect The Civil Rights Law Research

August 30, 2007,The People's Republic of China of the Tenth National People's Congress Standing Committee of the twenty-ninth meeting adopted the "Emergency Response Law of The People's Republic of China", this law as a leader of Administrative Law Emergency Law, the main focus on public emergency response effectiveness and legitimacy of administrative measures. On the one hand the government through legislation to grant sufficient emergency management authority to effectively control and overcome the crisis, On the other hand have to regulate by law the executive exercise of the powers of emergency management, and social crisis the country to minimize the cost. This is the executive emergency powers limits on civil rights, and security level provided a legal basis. In this paper, Emergency legal system as the research center "Emergency Response Law," modeled around how to improve the fundamental rights of citizens under emergency restrictions and protection of the central idea, from a macro point of view of the emergency system administration basic concepts, principles, analysis, from the microscopic view of the "emergency response law" put forward a sound proposal.Part of this study includes four parts: The first part is the main type of emergency and, by defining the concept of unexpected events, characteristics and main types, the concept of executive emergency powers and the main features of the executive emergency power and the relationship between civil rights, for subsequent research and theory basis. The second part is the executive emergency powers of the civil rights of equilibrium. First, the executive emergency powers described in detail the balance of civil rights principles, including the principle of proportionality, protection of basic civil rights principles, the rule of law, the principle of openness. Then describes how the executive power to regulate. Emergency power for the executive restrictions on civil rights and protection provided practical reference. The third part of the Emergency Response Law in China is largely based on, discusses the Emergency Law in China on specific provisions to protect civil rights, of the administrative contingency civil rights protection in major loss. The fourth part is the emergency protection of civil rights in the perfect proposal. In the first three parts of the basis of the defect inspection of Emergency Law, which puts forward the legislative proposals and in the practical work of corresponding countermeasures.