The Research On China Under The State Of Emergency Basic Civil Rights Restriction And Protection

As everyone knows, a state of emergency is a non normal social status. When thenational response to the crisis that state, with the expansion of state power, focus,strengthen, citizen’s basic rights are also under threat. How to effectively overcomewithout citizenship crisis makes the society to restore the normal basic unjustifiedlimitation is that we must consider the question.This paper adopted the comparative analysis method, empirical research method,historical analysis and other research methods, to analyze and research the citizens of ourcountry under the state of emergency basic rights related issues of restriction andprotection. This article from the status of state power and the public respectively underthe state of emergency starting to prove under a state of emergency to regulate the powerof the state, to the citizen basic protection, so as to reach the balance. The innovation ofthis article is: restrictions on the rights under the state of emergency in the theory study,the author from the existing state of emergency period of social relations processselection some angle to prove the legitimacy of limiting citizens’ basic rights under theemergency state. Change the most scholars will limit the purpose as its theoretical basis.Finally, the emergency system in our country in the defects of citizen security putforward the constructive suggestion.The construction and perfection of relevant systems shall be the reference of theforeign system of restriction and protection of human rights in emergency reduction ofthe fundamental rights of citizen in China under the state of emergency, and through tothe restrictions on civil rights in China under the state of emergency and protection of theproblems were analyzed, countermeasures accordingly, suggestions, the legal basis forunity issued "emergency law" as the state of emergency exercise their rights, to furtherimprove the relevant legal system, fill the gaps in the law, administrative emergencysystem construction under the state of emergency, the establishment of administrativeorganization of specialized, standardized emergency exercise right procedure.Based on the above analysis and demonstration, the conclusion of the paper:restriction and protection of civil rights under the state of emergency is the basicrequirement of our constitution, to safeguard the rights of citizens to the "ought" to "real"state, not by administrative organs to limit or reduce, is an urgent need for us to issue "state of emergency law" as the legal basis for unity of the state of emergency; at thesame time, further improving the existing system in the emergency system in the original,including the administrative emergency management system, information disclosuresystem, civil relief system.