State Of Emergency Under The Restrictions Of Basic Civil Rights And Protection

Status of emergency plays a very important role in constitutionalism,and as a key part of the constitutionalism, all the basic principles, such asprinciple of support civil rights, principle of restrict & balance amongpowers is also applicable to it.Under the emergency, for defending the exercise of public powerbecomes the most important value of social and political life, in the usingof public power, it will break out the restriction of the constitution to someextent, civil rights which be supported by the constitution will be shrunk.With the newly emerging public emergency styles, status ofemergency is extensively and intensively researched by the theoreticiansall around the world, and quite a few countries have their own relativelyperfect legislations about status of emergency. However, the constructionof legal system on status of emergency in our country is just underway, Wehaven't a unified legal system about status of emergency, a clear anddefinite legal regulations either. Limited to the length of this dissertation,the author researches the Limitation and support of the civil fights in thestatus of emergency, which is based on the construction of institution.This dissertation mainly includes four parts. Chapter one analyses thedefinitions of status of emergency and civil rights, than lists the civil rightswhich are most possible to be intruded. Chapter two introduces therelations between public emergency power and the civil rights and how torestrict the civil rights. Several principles must be observed in the processof power on restricting the civil rights. Chapter three concentrates on thecivil rights extending and supporting. We should form legal process andregulation to protect the civil rights in status of emergency. At the sametime, from the point of view of substance and procedure, Chapter threediscusses the legal essentials when obtaining the power in emergentadministration and the principles when exerting it. Chapter four analysesthe defects of our country's legal system on civil rights limitation andprotection in status of emergency, and at last the author try to put forward some useful suggestions on the construction of institution to it.