The Protection Of The Fundamental Rights Of Citizens In An Emergency

State of emergency is especially significant incident that has occurred or will happen,so it need organ of state power to stop the exercise of emergency power, control and eliminate the cause major disasters and threat, relevant state organs in accordance with the constitution, the law and announce the authority decided to local area or the country enters the temporary serious critical condition. The crisis of the normal social order state of life safety of citizens and poses a significant threat and damage, but also will hamper the country's authority normal administrative activities. In an emergency, state power of the expansionary, concentration, power, in order to highlight the mandatory features such as the social and public interests the basic right of citizens will be restricted, to ensure that the state power of the emergency exercise smoothly. This paper mainly around emergency protection of basic civil rights issues with relief study discussed.The article is divided into five parts:The first part is emergency's overview. From emergency origin, we introduce the international on various provisions about state of emergency for scholars in our country, and then reviews the definition of emergency state, the state of emergency and relative concepts, prominent compared the characteristics of a state of emergency.The second part is an emergency protection of citizens' basic rights necessity. In emergency period to emphasize the fundamental rights of non-invasive, emphasize susceptible to the protection of people's basic rights is an important achievement of legal process.The third part is an emergency basic civil rights and safeguard reduction status quo. Through the affirmation in emergency basic civil rights reduction of the realistic need, described in an emergency situation is susceptible to invade citizens basic rights, reflect our country emergency basic civil rights protection deficiency.The fourth part is a state of emergency to basic civil rights protection. This section describes the emergency detail basic civil rights protection mode, principle, regulation of the fundamental rights of the citizens to limit, discuss the reduction of the lowest standard basic civil rights.The fifth part is emergency relief to the fundamental rights of the citizens. This section lists the basic rights of citizens, through the perfect way relief legislation and the supervision system of basic civil rights beforehand relief reduce the possibility of infringement, when basic civil rights have been infringed, can pass national compensation and the national compensation two afterwards relief offset the loss of basic civil rights.