The Research On The Restriction And Safeguard System For The Fundamental Rights Of Citizen In The Emergent State

To safeguard the fundamental rights of citizen is the inevitable duty of a law-ruled country. What'smore, it is a better embodiment of law-ruling of a country as well. In the past several years, the frequent occurrence of public crises has made the treatment of the fundamental rights of citizen an emergent issue for the government. On one hand, to eliminate the crises, the state power needs to be enhanced, while the citizen rights has to be restricted. On the other hand, the government, in the emergent state, must strengthen its protection of the fundamental rights of citizen. In this case, heelimination of crises and the rehabilitation should be the first choice for the government. Therefore, the restriction on the fundamental rights of citizen should be made. Such measures, however, should be taken firmly under legal procedures. Obviously, the restriction on the fundamental rights is to safeguard it in the end. That is to say, the restriction is the measure, and the safeguard is the aim.This article is divided into 5 parts. Part one, preamble examines that the government has improperly restricted or even infringed upon the fundamental rights of citizen recent years in order to eliminate the frequent occurrence of public crises. Thus, the topic of this article is given: The research on the restriction and safeguard system for the fundamental rights of citizen in the emergent state.Part two, the constitution of legal system in the emergent state, explores the concept and characters of emergent state in a narrowed way which is the starting-point of law-ruling thinking research on emergent state. And then details the legal system in the emergent state of our country.Part three, the present fundamental rights of citizen, discusses the concept of the fundamental rights of citizen, and makes the further elaboration of such related concepts as the fundamental rights of citizen, citizen rights, human rights etc. Based on the above mentioned, the author details the measures of restriction and safeguard system for the fundamental rights of citizen in the emergent state.Part four, the jurisprudence logic of restriction and safeguard system for the fundamental rights of citizen in the emergent state, discusses the jurisprudence logic of the restriction on the fundamental rights of citizen in the emergent state and that of safeguard of the fundamental rights of citizen in the emergent state respectively. And then the author explores the inner logic relation between restriction and safeguard.Part five, the analysis of the restriction and safeguard system for the fundamental rights of citizen in the emergent state, analyses the specific regulations of the three major international convention of human rights, and then reaches the conclusion of the fundamental principles of the restriction and safeguard system for the fundamental rights of citizen in the emergent state. In the final analysis, the author holds the opinion that the construction of the restriction and safeguard system for the fundamental rights of citizen in the emergent state should be improved with the guidance of such fundamental principles.