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Discuss On Protection Civil Rights In State Of Emergency

Posted on:2009-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:W HuangFull Text:PDF
GTID:2166360272465114Subject:Law
Abstract/Summary:PDF Full Text Request
State of emergency is the situation caused by plague, internal rebellion, disaster and so on, in which national safety, public interests and safety of people'lives and property face the danger ; consequently, emergency power is implemented and civil rights are restricted. In modern society which is rule of law, restricts the civil rights must be conform to the principle of democratic constitutionalism and the procedure of law.In this thesis, I makes the protection of civil rights as a master line. The restriction of civil rights under the state of emergency would comply with principle society rule of law and international human rights law. In the thesis, I discusses the procedure of restriction, the intention of restriction and content of restriction, meanwhile under the state of emergency, some civil rights shall be strengthened and give the special protection. In thesis ,I answer the necessity and measure that strengthen some civil rights under the state of emergency. The civil right protection under the state of emergency can'nt be isolated from the relief of right system. From the aspects of national compensation and indemnification, this thesis makes a preliminary analysis of the damages that is caused by the nation to the citizen. In the end of thesis, from the aspect of protection of civil rights, I gives my suggestions in which our country emergency system consummation.
Keywords/Search Tags:The state of emergency, The civil rights, The emergency power, The protection of civil rights
PDF Full Text Request
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