Discuss On The Protection Of Citizen's Rights In The State Of Emergency

The rule of law and democracy in the modern society should not be just based on the normal social order,the rule also play a role in the period of non-normal order that at the national existence of threats and the destruction of the social order.there will be some adjustments to the operation mode of state powers in a state of emergency,but the ultimate goal to protect the rights of citizens can not be shaken, it is basic standards to judge whether a country's system comply with democracy and the rule of law. During the state of emergency, in order to safeguard national security, to restore social order and protect the public interest, the State must use national emergency powers that different from the normal social times.However, in the process of the performance of emergency powers and implement of emergency measures, the civil rights would be inevitably more stringent restrictions. A state of emergency should be a rule of law state, the performance of emergency powers and the restrictions of civil rights still have to follow the principle of the rule of law and the principle of proportionality, the ultimate goal of the period that "very rule of law" is still to maximize the protection of civil rights In this article,in the perspctive of the protection of the civil rights in a state of emergency,it describes the basic principles must be followed and the conditions and procedures of the restriction of civil rights,and the different ways to full protection of civil rights.The article firstly describe the relationship between national emergency powers and civil rights.Firstly,the article clarifies some basic concepts.The article analyzes the reasons of the selection of the title that "state of emergency",and points out the differences between "state of emergency" and other similar concepts,then defines the scope of a state of emergency.Besides,the article describes the connotation and the features of "national emergency powers" and the necessity of perform national emergency powers.The article focuses on the relationship between national emergency powers and civil rights.It describes the relationship between the powers and the rights.and also describes "the system of the loss of the rights under a state of emergency" that a concession of civil rights under the performance of national emergency powers. Then it describes the protection and relief of civil rights under a state of emergency.the loss of emergency power system. From two angles,the relief is divided into negative relief and positive relief,the negative relief is the restriction of "the restriction of civil rights", including the basic principles must be followed and the conditions and procedures of the restriction of civil rights;At the same time, according to the rights of citizens under the different attributes in the state of emergency, the form of positive protection is classified as an absolute protection, the relative security and special protection, And then describes the requirements of the civil rights which suffer infringement under a state of emergency.Finally the article summaries and comments on the emergency legal system in china currently, and analysis the concentration problems that exist in the protection of civil rights, Thinking that there is no uniform state of emergency legislation in our country, there is not an institutional basis that to limit the national emergency powers and to protect the rights of citizens,especially the lack of process control of the operation of the national emergency powers, and the lack of the bottom line of the restriction of the civil rights, while civil rights relief mechanism is also defective. And there is a centralized view of the above problems, the authors make a few rough comprehensive proposal.