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By Under State Of Emergency Administrative Relative Person's Right Protection

Posted on:2007-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2166360182499305Subject:Political Theory
Abstract/Summary:PDF Full Text Request
Comparing with habit, under state of emergency citizen's life and property safety is threaten. This reason is under state of emergency state power exercising is the high degree of concentration and the expansion, at the same time the basic right exercising also receives the suitable limit, thus how in maintains national own survival and between the realization universal human rights safeguard seeks the moderate balance to become the emergency system design and the movement main content. In view of the fact that administrative organ's work principle most is the efficiency principle, through the high efficiency decision-making and the operation mechanism, the administrative organ may arise the sudden event to make the fastest response, thus under state of emergency the administrative organ becomes the most principal organ to deal with the crisis. Because under habit the administrative relative person right is researched exceptionally weakly, under state of emergency near the more formidable administrative urgent authority, how strengthens to the private right protection without doubt then is raised the program. The article takes the administrative law as the angle of view and tries to explore the beneficial measures that how to strengthen citizen's right protection in our country emergency treating process.The article is composed of three parts as a whole. In part one, the author analysises the questiones which exist in the administrative relative person right protection aspect at present under the our country emergency. Through analysing these insufficiencies, seeing solves these questions necessity. Part two, the author expounds some theoretical questions about state of emergency and its right protection, induces the stipulations about the rights of citizens protection in the various countries' constitution, the law as well as the international human rights law under state of emergency. Then in our country administrative law field of vision, the author analyses the change that several main administrative actions protect the administrative relative person right under habit and state of emergence. Part three, in view of questions and to right protection differences under habit and state of emergence, the author explores the reality solution ways to the administrativerelative person right protection in the legislation, the law enforcement and the judicial domain under state of emergence.
Keywords/Search Tags:Emergency, Administrative relative person, Urgent power, Urgently loses power, International human rights law, Government responsibility
PDF Full Text Request
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