Constitutional Thoughts On The Law Of Emergency Responses

As the important topic modern of democratic constitutionalism, the emergency responses is also the most main emergency measures which various countries processing emergency risks situation adopted at the second half of the 20th century. The emergency legal regime is to this country some which when deals threatens its survival emergency case adopts with the normal state under democratic constitutionalism principle of equality and the practice different the method which and the boundary legal regime's general name about country urgent exercise of power way, procedure, principle and human rights safeguard and human rights cuts down, its goalis for under the emergency the better security ruling class's state power, maintains themost basic social order, and gives the citizen the basic right and the Socialorganization, the legal person and so on by the threshold safeguard, is to the democratic constitutionalism system in time the processing threat country survival emergency case supplement with consummation. As a result of emergency special nature, when the country suffers the emergency case, often must through exercise the surmounting constitution and the legal rule urgent authority gets rid of the crisis, then in this case, how to know under the emergency the constitution potency question, how seeks suitable balanced in exercise of power and between the authority safeguard, is precisely place which of the discussion this article writes, facing our country existing, the comparatively more scattered related emergency's laws and regulations, the author suggested that the solution measure is take the constitution as the basis, constructs our country's emergency legal framework.