Study Of Legal Guarantee Issues Of Fundamental Civil Rights Under State Of Emergency

State of emergency is a temporary state of serious crisis which is proclaimed the introduction in a local area or entire country according to the Constitution or law by the state organ concerned, when it is needed to exercise emergency powers for the state organs to control and eliminate the social harm and threats as the particularly major emergencies occurred or is about to occur. Under the state of emergency, the maintenance of national survival becomes the most important issue and the state can legally exercise emergency powers. The exercise of emergency powers will be divorced from the constraints of the Constitution to a certain extent. Part of basic civil rights guaranteed by the Constitution is also restricted and derogated. Therefore, the civil rights will face a greater threat. In this case, the government has more responsibility to protect the fundamental civil rights under the state of emergency. At present, the legal system for the state of emergency in China deeds to be improved. Under the current Constitution, the relevant issues of protections and restrictions of civil rights in emergency are not clearly defined. The emergency law has yet to be legislated in China. The emergency powers of the state show a lack of systematic legal regulation. It results in the operation of emergency powers being not standrdizedas well as the fundamental civil rights often being infringed in the emergency. Therefore, it is necessary to improve the legal system of the state of emergency in China to realize the protection of civil rights in the emergency.The present thesis was divided into six chapters. The introduction was given in the first chapter. The research background and significance of this study was presented in this part. The significances of protection of the fundamental rights of citizens in China under the state of emergency were given in the second chapter. The development and statusquo of legal system of China in the state of emergency in introduced in the third chapter. The exiting problems of protection of the fundamental rights of citizens in the emergency in China were indicated through a comprehensive analysis of the statusquo of the legal system. The causes of the problems were also analyzed. The discussions of protection of the fundamental rights of citizens in the emergency were further expanded. In fourth chapter, the legislation of protection of the fundamental rights of citizen in the other countries and the international conventions were introduced and analyzed to provide a reference to protect the fundamental civil rights during legislating State of Emergency Act in China. The measures to improve the civil rights protection system in the emergency in China were proposed in the fifth chapter. The conclusion that the balance between exercises of national emergency powers and protections of fundamental rights of citizens should be maintained was summarized in the sixth chapter on the basis of the discussions of the full text.