Under A State Of Emergency To Protect The Fundamental Rights Of Citizens

Establishment of a modern state of law, rule of law should establish and improve the system of governance of the country under normal society. In an emergency, a serious social crisis, the normal social order no longer exists. Means the country in response to the emergency management community also broke the routine, breaking the constitutional law of general principles and provisions. Then the fundamental rights of citizens and vulnerable to abuse, in this very state of social conditions, do a very good specification national emergency powers, the protection of fundamental human rights, establish a genuine rule of law has a special significance. This article discusses the protection of the fundamental rights of citizens under the state of emergency is divided into four parts.The first part of the theory expounded on the state of emergency. Respectively, from several foreign countries with weak rule of law and comparative international human rights conventions to understand their point of view, and our country to a state of emergency was introduced, especially for the modern understanding of the state of emergency and legislative aspects of the research, the establishment of new China after an emergency aspects of the legislative process were combing. One hand under the state of emergency, the state constitution to break the law in general, to protect national security, the importance of restoring social order, more prominent in an emergency, meaning the protection of the fundamental rights of citizens more significant.The second part of the first citizens’ basic rights and national emergency powers were on the definition of the concept, the focus is on the relationship between the fundamental rights of citizens and national emergency powers were studied. Not difficult to find in an emergency, national emergency exercise of the right, particularly in the rule of law does not sound right to exercise the emergency state, the right of citizens of the right to personal liberty, inviolability of the home, speech and press rights demonstrations, the right to vote and stand for election, right to know is likely to cause restrictions and violations, indicating the antagonistic relationship between the two; From a state of emergency, necessity and purpose National Emergency Powers explains legitimate exercise of emergency powers in order also to safeguard the fundamental interests of the citizens as a whole is useful and necessary, at this point, there is unity between the two.The third part of the protection of citizens’ fundamental rights and limitations under the emergency mode and principles will be explained how to better protect the fundamental rights of citizens. This paper introduces several models of civil rights protection. In this paper, after several protected mode compares think China should select the absolute fundamental rights of citizens protected mode, that is, restrictions on citizenship can only be made by the Constitution, any law other than the Constitution shall not restrict the fundamental rights of citizens, and this is long Select the time to ignore the system to protect the fundamental rights of citizens of the national conditions. Protection of citizens ’fundamental rights and restrictions to follow certain principles, especially under a state of emergency, the state of emergency restrictions on the right of citizens’ rights to strictly comply with the law limiting principle, the principle of proportionality, the principle of balance of interests, multiple baseline principles and equal protection without discrimination the principle. Writing in this section is to highlight the protection of civil rights, the exercise must be strictly limited to national emergency powers, so as to achieve a balance of both effects on the emergency but also to protect the fundamental rights of citizens.The fourth part is the current situation and problems in the legal system of the state of emergency were analyzed. The article points out, China’s lack of a unified state of emergency law, and this is an emergency system to track the rule of law is a basic system design issues related to the overall standardized emergency legal system. Outstanding problems right there under the state of emergency is difficult to protect our citizens to exercise emergency powers is difficult to be effective supervision, basic civil rights, such as the relief system is not smooth.