Study On The Protection Of The Fundamental Rights Of Citizen In The State Of Emergency

To protect the fundamental rights of citizen is the inevitable duty of each country.However,in the state of emergency,the exist of country become the primary value of a social and political life.Meanwhile,the exercise of country power will break out the restriction of the constitution in some extent,and turn into the emergency power,which means distensibility.All of these restrict the fundamental rights of citizen,which protected by constitution.But,the exercise of emergency power is for the protection of fundamental rights of citizen finally,so they shouldn't stand on the contrary sides.Nowadays,democracy and nomocracy have been the world trends,a real rechtstaat should not only protect the fundamental rights of citizen under constitutionalism,but also should protect these rights in the state of emergency as many as possible.So this paper written with this statement: the protection of fundamental rights of citizen in the state of emergency,and the writer try to construct the mechanism of the protection in the emergency.This paper mainly conprises six parts.The first part describes the phenomenon and give the reason for this research.The second part mainly focuses on the exert extent definition of the state of emergency,and analysises the composition of the definition.All these serve as a foundation for the following paragraphs.The third part explaines the questions about the fundamental rights of citizen and emergency power,and discusses the relationship between them.The forth part probes into the theoretical basis of the protection of the fundamental rights of citizen in the state of emgency,and then raises some basic principles that this protection should follow.The five part describes the phenomenon about the fundamental rights of citizen which have been limited and which been inalienable.The last one introspects the protection of the fundamental rights of citizen in the state of emergency in our country,and gives some advices for improvement.