On The State Of Emergency Under The Protection Of Fundamental Rights Of Citizens

In recent years, a number of major domestic crisis of sudden emergency, the most recent is the 2008 earthquake in Wenchuan, the number of casualties in 30 years hit the most, as well as the South snowstorm early in 2008, hand, foot and mouth disease, as well as the first half of 2003 large serious atypical pneumonia (SARS) epidemic crisis, which began early in 2004 the epidemic situation of avian influenza crisis. These realities are in a state of emergency research shows us that the practical significance. We emphasized that "more difficult and prosperous," but the premise and prosperous is a sound legal system and sound system. Emergency events as China, we must attach importance to a wide range of emergency events, research legal under a state of emergency and a state of emergency under the civil rights and the protection of the rights.A state of emergency is a matter of emergency (disaster, plague, civil strife, etc.) caused to the social order and people's lives and property caused great damage to a kind of social status. Modern society requires the rule of law in a state of emergency by the government must take measures to protect the fundamental rights of citizens for the final conversion. Not only the needs of the community in normal times the rule of law, still need the rule of law under a state of emergency. Civil rights during a state of emergency is subject to many restrictions, such restrictions must be clear that the Constitution and the law and the principles and procedures in accordance with the law to exercise; in a state of emergency the exercise of emergency powers the Government tends to bring some of the rights of citizens, but It is the protection of fundamental rights of citizens should not be opposed to the government the ultimate goal of the exercise of emergency powers for personal and property safety of citizens, such as the protection of the rights. A state of emergency period, some of the rights of citizens more vulnerable to violation of these rights need to be strengthened or given special protection.In this paper, the fundamental rights of citizens of a state of emergency under the protection of the main line, the first part of the first on the basic meaning of a state of emergency, and an analysis of civil rights, a state of emergency may be the impact to lead to the second part of the citizens in a state of emergency the characteristics of the fundamental rights and the protection of fundamental rights of citizens and legal basis of the Constitution, basic civil rights division of the types of analysis of the state of emergency restrictions on basic civil rights under the premise and the bottom line, as well as restrictions on basic civil rights procedures. The next two parts of the internationally recognized state of emergency under the restrictions of the fundamental rights of citizens should follow the principles and fundamental rights of protection of citizens abroad, the better aspects of the experience to help us analyze and learn from. In this paper, the focus in the final part of a combination of Wenchuan earthquake victims in China in recent years that a major disaster, analysis of the current state of emergency in our country under the protection of fundamental rights of citizens of the status quo, the end of this article on civil rights in our country under a state of emergency protection system to improve Reflections on the views put forward.