Research On State Power And Citizen's Rights In Emergency State

There are many features of state power in the emergency state which is compared with the regular state, such as the expansion, the concentration, the simplification of procedure and the discretion. At the same time, the citizen's rights also receive the suitable limit. In order to prevent the abuse of the state power, we should regulate the power reasonably under rule of law and limit the restrictions of the rights necessarily to protect the citizen's rights simultaneously. We could ensure that the exercise of state power could be normal and the citizen's rights could not be infracted to keep the moderate balance between the state power and the citizen's rights.The contents of emergency system are very wide, and we could study from several angle. The Paper just analyses the regulation of the state power and the protection of the citizen's rights, because the exercise of the state power and the protection of the citizen's rights in emergency state are very different from the regular state, and the state of emergency means that the expansion of state power and the derogations of citizen's rights. In a word, the purpose of the state emergency system in constitutionalism sense is to solve the operation of the state power and the protection of the citizen's rights in irregular state. The Paper consists of six parts.The first part is preface, including the analyses on the domestic and foreign researches, the theoretical and the practical significance, the basic contents of the Paper, and the methods of the research.The second part is the theory overview of the emergency state. First of all, presents the origin and development of the emergency state. Secondly, defines the concept of the emergency state by comprehending the law about the emergency state in other countries, and the view of scholars in our country. Then, stresses features of the emergency state by comparing with the martial, emergency cases and war state.The third part is the theoretical analysis of the state power and citizen's rights in emergency state. The general theory of state power and citizen's rights has been narrated through the views of the powers and rights of Marxism as a starting point. The relation between the state power and the citizen's rights is that the state power come from the citizen's rights and return to the citizen's rights. We could not protect the citizen's rights without the exercise of the state power, and the exercise of state power must be in accordance with the law, or the citizen's rights could not be protected.The forth part lists the legislations and practices about exercise of the state power and the protection of the citizen's rights. This part discusses the legislation in our country by comparing with the legislations and practices in the United States, Japan, Russia, Britain, France, and so on, and comments on the exercise of the state power and the protection of the citizen's rights in our country by reflecting on the SARS in 2003 and the WenChuan earthquake in 2008.The fifth part discusses the importance of keeping the balance between the state power and the citizen's rights. On the one hand, the law must stipulate the meaning of the state of emergency and the content which is relevant to the exercise of state power clearly, demand the authority comply with the basic principles and conditions and the idea of procedure, review and monitor the process of the exercise of the state power, and investigate legal liability on the behavior of exercise of the state power that violate the principles, conditions and procedures. To ensure the exercise of the state power is normal in the emergency state, the state power must be regulated in the legal system in three phases, that is, in advance of, and in course of and after the event. On the other hand, we should make sure the citizen's rights and obligations and the lowest standards of protection under the emergency state, and establish the remedy mechanism of citizen's rights to protect the citizen's rights by the greatest extent, so that the state power and the citizen's rights could achieve the balance in the emergency state. At last, I give some advises on building the legal system of the balance in the emergency state in our country.The sixth part is conclusion. The emphasis of the settlement of emergency state is how to adjust the state power and the citizen's rights under the emergency state, and make sure that the state power exercise normally and the citizen's rights won't be infringed, and keep the balance between them.