On The Legislation Of National Emergency Right

Nations exist to maintain public security and social order and offer people the favorable conditions to live and work under the shelter of nations. If a nation is faced with a disaster, which has exceeded the original design, the nation will have to take unusual measures to break the existing rules and regulations and assume its obligations of maintaining public security, social order, and civil rights.Around the world, state of emergency is an important subject in the modern democratic constitution and a major measure utilized to deal with emergent and dangerous situation by all countries in the second half of the 20th century. Emergency state is common in national life and the international community, especially in those of the third world countries which, when faced with various internal conflicts and unrest, treat it as the last resort to resume normal governmental order in the circumstance of facing unable to inextricable contradictions. During the amendment to the constitution in March 2004, emergency state was written into the constitution, which is meanwhile the embodiment of the transformation of political functions of constitution to its social functions in specific institutional arrangements. In the year 2007, "The Law of the People's Republic of China on Emergency Responses" came into being, and since then emergency state has attracted more and more attention from official and academic world.The majority of studies on emergency state focus on the overall emergency state from the macro point of view, the thesis treats emergency state in terms of national emergency right. This thesis unfolds its main body on the basis of the following five parts:The first part is the introduction, which express the background of choosing the topic and its significance; the second one is the generalization of national emergency right, including a series of relation and characteristics of emergency state and national emergency right; the third one figures out the existing problems in legal provisions based on the status quo of national legislation in China; then by means of comparative analysis and example analysis, the forth one introduces different features of national emergency right in Germany, the United States and Britain and the enlightenment to China; finally, in the last part, the author put forward proposals on how to improve China's legislation of national emergency right. It should be a gradual process for China to establish and improve the system of national emergency right, which can not be accomplished overnight, so this matter should be given more concern and studies so that the legal system of national emergency right may develop harmoniously in China.