Research On The Protection Of The Rights In The Emergency Administration

The purpose of the emergency administration in modern society is designed by democratic country ruled by law to control the negative effects of the emergency in non-normal state, and to resume the good order of the society. In the non-normal state, because of the impossibility to level off the order of the society with the common measures, the government needs to adopt the unconventional measures which lead to the excessive concentration of power and the unguaranteed of the rights. Just as Montesquieu said, "there is a eternal truths that all the owners of the power are easy to abuse of the power." But it is impatient by the modern democratic country ruled by law, so most of the countries establish the legal system of the emergency administration in order to control the power and protect the rights.The danger of the war has been reduced gradually, since after the Second World War, especially after the cold war, and the work focus of the countries is diverted to the development of the economy. However, there are many new kinds of public emergency which is serious even than the war threating the safety of the countries, and it is not easy to deal with them. Towards the new situation, we not only need to regulate the emergency administration by the law, but also establish a integrative legal system based on a comprehensive emergency law as a guide and a variety of specific emergency law, which provide the legal basis and the procedures to the government.The legislature plays an important role in the establishment of the legal system of emergency administration and the proclamation of the emergency state, and the relief of the rights needs the judiciary. But they are not the protagonists. It is decided that the emergency administration law is the core of the legal system of the emergency law by the urgency of the public emergency and the efficient and flexible characteristics of the administrative organ. In the course of the emergency administration, the civil rights is easy to be aggrieved by the measures of the administration organs. So when we research on the protection of rights, we need to focus on the emergency administration law. To sum up, this dissertation compares the system of the emergency administration in our country and foreign emergency law from the perspective of the protection of the rights. The purpose is to improve the system of the protection of rights in emergency administration law in China, which is based on the good experience of the emergency administration legislations in foreign countries.