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The Research On The Protection Of Citizen's Basic Rights In The State Of Emergency

Posted on:2006-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:W XuFull Text:PDF
GTID:2166360155467771Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
To protect the citizen's basic rights is the common concern for nowadays-democratic countries in the world. However, how and in what extent can a country do in the protection of citizen's basic rights, is to be the touch stone of verifying one country's democratic and legality condition. With the progress of modern ideology of human rights and rule of law, as well as with the worry about the deficiency in the protection of citizen basic rights, to set up the basic rights protection mechanism has been an urgent and serious task for modern countries. In this thesis, with the realization of the above concern, the writer want to give some useful advice in the construction of the basic rights protection mechanism in China. The paper mainly comprises five parts. The first part mainly focuses on the exact extent definition of the state of the emergency and the significance and the characteristic of the protection to the basic rights in the state of the emergency. The second part mainly discusses the principle in protecting the basic rights in the state of the emergency. They are the principle of rule of law, the principle of human rights protection, the principle of reasonable proportion and so on. The third part of this paper mainly concerns the construction of the system of the basic rights protection in the state of the emergency. This part comprise the contents in three aspects, which include the way how to constrain the citizen's basic rights in the state of emergency, how to regulate the emergent administrative discretion power of the government, and how to give the remedy to the victims whose rights been damaged in the state of the emergency. The fourth part mainly give an review to the protection system of the citizen rights nowadays running in China and give some advice on how to perfect it. The second and third parts of the thesis are the core of the paper.
Keywords/Search Tags:The state of the emergency, the protection of basic rights, the constrain of the basic rights, the reduction of the basic rights
PDF Full Text Request
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