State Of Emergency Under The Limitations And Protection Of Civil Rights

The rule of law and democracy is based on the normal social order,can't effectively run in the State of Emergency.In the State of Emergency,in order to resume the social order,sustain the national security,protect the common interest,the nation must execute the national emergency power which is different from the normal time.Unfortunately,in this course,the citizen rights should be hardly limited than the normal time,even sometimes are completely deprived of.The State of Emergency should be a rule of law,and should take protecting citizen rights as its eternal require and eventual aim.The existing emergency theory pay more attention to clarify the reasonability and validity of the Emergency Power in the national emergency power,as a result it often ingore the citizen rights.The thesis try to synthetize the jurisprudence,constitution and the administrative law to discuss the reasonability and the system of limiting and protecting the citizen rights,to clarity the bound,fundamental principles and methods.This paper contains five chapters.The first chapter analyse the conception,character,category,to identify the difference between state of emergency and the similar conception.At the same time,it emphasize the state of emergency should be the rule of law.In the state of emergency,the National Emergency power must execute in a lawful way to limit and protect the citizen rights.The second chapter analyse the conception of rights,the relationship between citizen and human rights,to clarify the definite conception of the citizen rights and distinguish which citizen rights can be limited and which citizen rights can't be limited.At the same time,to clarity the conception and category of National Emergency Power,discuss the relationship of the citizen rights and National Emergency Power.On the basis of the second chapter,the third chapter mainly analyse the three mutual relationship,common interest and individual interest,country and citizen,order and freedom,to explain the thesis basis of limiting the citizen rights.Along the thesis,this paper introduce the foreign methods to limit the citizen rights.At the same time,it abstract and summary the principle and methods of limit citizen rights.The fourth chapter discuss the theory of protecting the citizen rights,concerning the human rights and law value as its eventual choice,introduce the foreign experience and summarize the principle and method of protecting human rights.The fifth chapter summarize and comment the legislation of the outburst accidents.At the same time,this paper analyse the existing main problem of limiting and protecting the citizen rights,concerning the not-making State of Emergency,and the faultiness judiciary rescuing system are the main reason not to protect effectively the citizen rights.At the last,it mainly supply some suggestion of protecting the citizen rights.