The Right To Freedom Of Security System In A State Of Emergency Research

A state of emergency is caused by a real, imminent danger or crisis, it brings a serious threat to political power and citizens'lives and property safety, while the situation can not be solved in the normal order, it is a special legal status. As soon as a region or country declares themselves into a state of emergency through authority department, some provisions of the Constitution and laws may be replaced by a special law of the state of emergency, and some civil rights which be protected by law also may be restricted or decreased by the law of the state of emergency. The vast majority of government action in the state of emergency are surrounded by how to get through the state of emergency steady and regain the normal social order as soon as possible. But human rights as the ideal target of human beings is the ultimate values of the rule of law and constitutional government, even in the state of emergency, human rights can not be abandoned, it must be protected by constitutional law, or the state of emergency will lost its most original meaning.The research about the state of emergency in theoretical circles is still in the initial stage, some related theories about the state of emergency still have a lot of differences, so that although our country has experienced so many "emergency", we do not have a unified State of Emergency Act till now. the study is especially less about human rights protection system in the state of emergency, therefore there have so many problems obout the protection of human rights in the state of emergency in our country.The author of this article take the protection of freedom right as perspective discussed the human rights protection system in the state of emergency based on two premises: first, hackle and discuss the state of emergency and the right of freedom on theory, after analy and summarize the concept,connotation,features of the state of emergency and compare with the similar concept ,I enduce the definition standards of the state of emergency ,on this basis, discuss the national emergency power of the state of emergency detailed, while discuss the connotation and extetion of the right of freedom in philosophical and legal. Then, I demonstrate the necessity of the restrictions to freedom right in the state of emergency from the view of various aspects of interest conflict and choice when our country goes into the state of emergency, from the two aspects of means and purposes to consider the legitimacy of restrictions of freedom right; at the same time, discuss the importance and special nature to of the protection to freedom right in the state of emergency, in which clearly demonstrated the standard and minimum limit of the protection obout the freedom right. In the third part of the paper, the author from legal system and practice the two aspects , point out the actuality and problems of freedom right's protection,and analy the reasons for these problems detailed. Finally, on the basis of the first three paragraphs , through the analysis and comparison of foreign cases sbout emergency legislation the authors believe that the most suitable legislative system of China's emergency legislation is the model " constitutional "principle provides add" emergency law " single special law, and pointed out the values and basic principles we should uphold if we plan to establish our own freedom right protection system, the author concludes several specific recommendations in the paper about how to consummate the right of freedom's the protection system in the state of emergency.