State Of Emergency Under The Protection Of Human Rights Research

State of emergency is the situation caused by public crisis, in which national safety, public interests face the danger, and consequently, emergency power is implemented and human rights are restricted. In the state of emergency, safeguard the survival of country has become the primary value of political, and government own legitimate emergency power. The exercise of emergency powers will get rid of the bound of constitution to a certain extent, and restrict a part of human rights protected by constitution. This shows that the threat of human rights in the state of emergency is much greater than normal society, and government have more responsibility to protect the basic rights of citizens in the state of emergency. The protection of human rights in the state of emergency marks the height of legislation in a country. But China's legal system of emergency is not yet perfect, and constitution does not explicitly define related issues of the protection and restrictions of human rights in the state of emergency. Legislation of emergency is slow and emergency power lack systematic legal regulation, result in that the function of emergency power has insufficient standardization in practice and produce a greater possibility of the violation of human rights in the state of emergency. So it is necessary to perfect the situation of the emergence of the law system in our nation, than realize the natural tights support in the emergence.This paper can be divided into four chapters. Through introducing different views of emergence, the first chapter discusses the meaning and essential character of emergence. Then it analyzes the necessary and negative impact of emergency power in practice on the basic of emergency power's character. The second chapter comprehensively discusses the protection of human rights in the state of emergency. By analyzing special issues of rights safeguard, it brings up the minimum standards of protection of human rights in the state. On the other hand, by analyzing legitimacy and the principles to be followed of restrictions of human rights in emergency, the chapter emphasizes importance of protection of human rights in the state of emergency from the perspective of restrictions. Focused on the relationship between the protection and restrictions of human rights, the third chapter compares differences of protection and restrictions of human rights in two situations, so as to explore the significance of protection of human rights in the state of emergency. The fourth chapter mainly analyzes the present situation of protection of human rights in China's emergency system. In the light of state of the South snow disaster in early 2008, the chapter summarizes advancement and defect of protection of human rights in the current system. Then author proposed the reform proposals of legislation of emergency and regulation of emergency power.