Restriction And Protection Of The Fundamental Rights Of Citizens In The Emergent State

In recent years, our country domestic has the significant burst characteristics emergencies many times. For example 2009 Type A H1N1 flu, as well as 2008 Wenchuan big earthquake and south freezes sleet disaster and so on. Therefore, we must take each kind of emergencies, under the research emergency citizen basic right limit and the safeguard have the very vital significance.State of emergency is the situation caused by big event in the certain scope and certain time which threat and destruct public peace and order, public security, public health, public interests and national interests, the country unification, needs to give the life condition which urgently deals specially. Under modern government by law society, government when emergency takes the measure the final goal is to safeguard the citizen basic right, under the emergency can manifest the national legalization to the citizen basic right's safeguard the degree. How therefore under the emergency to treat citizen's basic right, has become a very important topic. At the same time, under the emergency citizen's basic right needs to obtain the national safeguard, but if this kind of safeguard does not have the agent, is very easy to create to the citizen various aspects right violation, on the other hand, to eliminate the crisis, the state power needs to concentrate and to expand, needs to carry on the limit to citizen's basic right, but this kind to the citizen basic right's limit, must follow certain principle.This article is divided into 5 parts. Introduction part narrates that public crisis occur rent frequently in recent years. The wish deals with the thunderbolt by the most effective method, causes people's loss of life and property to drop to lowly, regains the social order with the shortest time, establishes the perfect thunderbolt emergency management legal regime is the most important without doubt. Thus, the topic of this article is given:the research on the restriction and protection of the fundamental rights of citizens in the emergent state.Thus, the topic of this article is given:the research about national urgent authority and civil fundamental rights in the emergent state. This part introduced the urgent authority as well as the citizen basic right from three aspects. First, emergency limits. Second, the national urgent authority's characteristic and exercises the significance. Third, citizen basic right。About the emergency meaning, the substantive characteristics and with other related concept difference. The author suggested that adopts the narrow sense limits to the emergency, then induces the emergency the substantive characteristics:burst characteristics, valid, serious hazardous and emergency procedures particularity. Finally has differentiated concept and so on emergency and martial law, state of war, thunderbolt differences. The necessity which and exercises about the national urgent authority's characteristic, the author thought the national urgent authority in exercises time has the very bright characteristic:Expanding, temporary and ultra constitution. Finally elaborated the citizen basic right. First has been clear about the constitution confirmation citizen basic right. The essential certain rights and interests which by the constitution citizen's basic right is refers to stipulates the citizen who enjoys, is the citizen implements some behavior the possibility. As well as emergency to citizen basic right influence. First, government authority in emergency time change. Second, rights of citizens in emergency time change. Namely to limit and eliminate the critical situation, resumes the normal production, the life and the order, needs the suitable limit rights of citizens.The second part:Under emergency citizen basic right limit. About the emergency under the citizen basic right's limit, has carried on the elaboration from three aspects. First, under emergency citizen basic right limit manifestation. Second, under the emergency limits the citizen basic right legal principle theory of law logic. Third, under the emergency limits the citizen basic right the concrete operations. The author thought:Limits the citizen basic right about the emergency under legal principle theory of law logic to lie in:First, citizen basic right relativity and sociality. Second, between public authority and individual right balanced theory. Third, substantive human rights safeguard theory. Namely must safeguard citizen's basic right, reduces the life and the property damage. Finally introduced under the emergency limits the citizen basic right the concrete operations. Limits the principle which including the emergency under the citizen basic right the condition, the scope and should follow. Its principle mainly includes:The efficiency principle, the proportion principle, the human rights safeguard principle, the procedure principle and the relief principle as well as observe the international law principle and so on.The third part:Under emergency citizen basic right safeguard and relief. The author has carried on the elaboration regarding this from four aspects. First, under emergency citizen basic right safeguard manifestation. Second, under the emergency safeguards the citizen basic right legal principle theory of law logic. Third, under the emergency safeguards the citizen basic right the concrete operations. Fourth, under emergency citizen basic right relief. The author thinks under the emergency citizen basic right safeguard legal principle theory of law logic to lie in:First, the constitutional government principle and the government by law principle are democratic community's essences. Second, citizen basic right sense of purpose and lastness. This is mainly because "Emergency Law" the primary purpose is safeguards citizen's human rights and the freedom. Its reason lies in:The first national existence and the state power movement's primary purpose is the respect and the assurance of human rights. Next emergency's appearance is one kind of unusual situation. Finally under the emergency has certain agent to the civil liberty and the human rights limit, once the maintenance country order and eliminated the emergency the measure to constitute to the human rights basic infringement, when compared does not adopt these measures in the situation citizen's human rights and received a bigger infringement freely, under this emergency's right do not for it.The fourth part:Under emergency citizen basic right limit and safeguard flaw and consummation. First briefed under the emergency the citizen basic right limit and the safeguard present situation and the flaw. Next discussed under detail the emergency the citizen basic right limit and the safeguard perfect specific measures. First, the push draws up an emergency the basic law. Second, the standard government authority movement, protects the citizen basic right. Third, strengthens to the emergency under citizen's right to know stipulation and the protection. Fourth, consummates our country constitution the citizen basic right safeguard pattern. Fifth, comprehensive standard urgent authority exertion.In brief, through consummates our country emergency period citizen basic right the limit and the safeguard system, may consummate the emergency legislation unceasingly, and can enhance the government to process the significant thunderbolt's ability legally, regarding maintains the social stability, to safeguard citizen basic right to have and the vital significance.