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On Chief Emergency Powers And Running

Posted on:2008-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:T J ZhangFull Text:PDF
GTID:2166360272463315Subject:Constitutional Law and Administrative Law
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In 2003, the SARS epidemic outbreaks so that the Chinese government and people have gone through an unprecedented, sudden public health threat to security incidents and creating social chaos, disorder. Exposed our emergency response in emergencies exist many problems, sparked a community on the government crisis management capabilities, emergency legislation and the protection of human rights in China—how to deal with the process of ensuring national security and the stability of system and social stability, to strengthen the performance of government functions, how to adjust the different interests of the state of emergency main interests, and how to ease the administrative emergency powers and civil rights tensions between the tension. These problems exist and appear to make a state of emergency to emergency and administrative research more urgent. Chief emergency powers is a constitutional democracy with the product of the ancient community to respond to the crisis on the privilege control, with democracy, human rights, the development of the concept of the rule of law. The world's leading constitutional state of emergency power system has experienced from the classical period to the new law during the evolution of the legal system. In a crisis of globalization, the legal reality of the popular movement and the emergency powers of the legal system, they have to the United States, France to better represent the state of emergency legal system. And the formation of different models and styles. However, most of the state of emergency is as theoretical approaches to the emergency powers to conduct a comprehensive interpretation. And the lack of emergency power, especially in the administrative power as an emergency power system into that sub-study.Long-standing state of emergency, and the use of legal means to deal with the crisis, the management of modern civilization is a product of the development. Chief emergency power law with the development of changes, from national sovereignty to the sovereignty of the people, the social contract and power constraints, basic human rights, power, rights law changes and different ideas. Not from the legal constraints of the special powers by law to the curfew's system, the system's siege. For further development must be exercised in accordance with the law and accept the supervision of the legal powers executive emergency powers as dealing with the emergency response to the most important and effective means. Although the executive emergency powers in abnormal exercise of the state of society, but also has a general power features. The powers can be summed up in defining the concept, a different exercise as the main issue, recognizing the main, the main implementation of the exercise. in the main. Have specific powers, the power to exercise a unique means and measures, and strict conditions for the application and scope, can tap their own philosophical foundation and legal basis. So at home and abroad are more theoretical research results and practical experience. But Chief emergency powers can be used not only to respond effectively to control the crisis, but also possible violations of the basic rights of the citizens. Hence the need for administrative operations for the emergency powers principles, and in the various stages of operation control, make it into the track of the legal system, the most important of which is extremely against the power of setting up an impassable line is the minimum human rights safeguards, Chief emergency powers and the authority of the Human Rights Society of the most important private rights between reasonable boundaries. The crisis of the executive emergency powers will not only effectively respond to crisis management, protection of human rights, better reflect the value of the law if the order justice, equity and law of truthfulness, benevolence and beauty.
Keywords/Search Tags:state of emergency, Chief emergency powers, Principles of operation, the protection of human rights
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