The Restriction And Protection Of Civil Rights In The Operation Of Administrative Emergency Power

The power and the right is a pair of important concepts in the field of law philosophy. How to deal with the relationship between the power and the right is an important subject in Jurisprudence. Handling the relationship between the power and the right of citizens' rights is reflected restriction and protection In the administrative operation of the emergency power. In the state of emergency, you must implement the Administrative Emergency Power Emergency Power for the core national power system, thus eliminating a state of emergency to restore order as soon as possible. Executive emergency powers as the core of the national emergency powers, the exercise process will inevitably conflict with the civil rights, in the course of the conflict be limited to the rights of citizens be protected and how is it important issue facing. As for the rights of administrative emergent power limits the performance and the primary purpose exercise, is ultimately want to achieve for civil rights guaranteed this deep purpose. In our "SARS" period, administrative emergent power was widely exercise in China, convincing guarantee quick victory over the SARS epidemic, restore order, but should not ignore what the administration emergency power of the exercise also exposed a number of administrative emergent power exercise to civil rights protection during the flaw. This paper attempts during the operation of administrative emergent power restriction and protection of citizens' rights Angle, analysis of administrative emergent power operation in how should citizens' rights shall be restriction and protection in China, and the practice of administrative emergent power exercise to civil rights exist in the problem of insufficient protection to discuss how to eventually reach perfect for civil rights protection. Full-text is divided into four chapters.The first chapter, mainly from the background of administrative emergent power operation that emergency happens as the starting point, and defines the emergency own connotation and emergency thallose structure, expounds the administration emergency after right in a state of emergency as the core of the right to the distribution of power. Administrative emergent power as a state of emergency, but the core of the administrative authority designated authority can not tight all national emergency power, and must be within the limits prescribed by law, exercise you have emergency powers.The second chapter basically analysis civil rights in administrative emergent power operation in the limit, civil rights during the operation of administrative emergent power is limited to some, it has a necessity to civil rights restrictions different countries have taken a different approach. Each kind of restrictions on has its advantages and disadvantages, should according to the specific conditions of the restrictions on different shall combinations.The third chapter discusses mainly the guarantee of civil rights and civil rights safeguard is the administration emergency power, the exercise of deep purpose in the exercise of administrative emergent power more should strengthen the process of the protection of citizens' rights. Protection of civil rights to human rights protection, the limited power of theory, theory is the rule of law as its theoretical basis, the principle of protection of civil rights is the exercise of executive emergency power limits. The most important is how to safeguard for civil rights, combined with the second chapter of citizens' rights in classification to talk about civil rights safeguard measures.The fourth chapter first lists several cases which occurred during the period of SARS. The author will cases during the course of exercising administrative emergent power reated by the personal rights guarantee and the deficiency of property rights guarantee shall appear with the third chapter, then analyzed in the safeguard measures for civil rights from the rights of the person and property rights in the next two aspects to discuss how the administration emergency power operation of the corresponding security system to improve.