The Research On The Safeguard System For The Fundamental Rights Of Citizen In The Administrative Emergency

With the continuous development of human civilization, modern society pregnant with more crises. Emergencies is an inevitable part of social life. In responding to emergencies, the need for strong executive government used emergency power for a limited time, limited resources and decision-making under conditions of limited information, or they will have more serious consequences. The Government adopted a series of special emergency measures such as traffic control, emergency call, involving deprivation or restriction of citizens, legal persons and other organizations of fundamental rights. Therefore, how to quickly overcome unexpected events while minimizing the legal rights to safeguard the public, the thesis trying to build a more perfect from the administration of civil rights under state of emergency safeguard mechanism. This thesis contains five chapter.The first chapter analyze the conception, character,category,to identify the difference between state of emergency and Administrative state of emergency. Defines the state of emergency and Administrative state of emergency., and analyzed the relationship between the two. Comparing from the implementation of the conditions, political point of view, the structure of formal logic, so that the administrative state of emergency can be clearly defined.The second chapter analyze the operating mechanism of executive emergency powers. In the analysis of the connotation of executive emergency power, Executive emergency powers include:the main elements, object elements, operational elements, security elements. The characteristics of Executive emergency powers is beyond the statutory, concentration, expansion. Finally, outlined the principle of executive emergency power operation.The third chapter is about how to understand the fundamental rights of citizen in the Administrative Emergency. On the analysis of the connotation and kinds of basic civil rights ,those citizen's basic right under the state of emergency is easily infringed, thus proposed to the national emergency right and basic civil rights, discuss the relation between conflicts and coordination. In the fourth chapter discusses how to protect the fundamental rights of citizen in the administrative emergency conditions.With human rights theory, order and freedom as a theoretical basis for protection of civil rights, put forward two protection methods.The fifth chapter is on social security protection of civil rights under state of emergency system. In the analysis of the state of our legal system, administrative emergency problems and reason for the proposed construction of the system, and puts forward some views and thinking, some suggestions.