To Relate And Analyze The Derogation And Protection Of Human Rights Under The State Of Emergency

State of emergency is the opposite social order status of the normal condition. The existing state of the national legal system is made up by state of emergency and normal legal system. In the strict sense, state of emergency legal system is the product of modern democratic constitutionalism, because in the non democratization of ancient societies, centralization and tyranny are the main methods to dispose the state of emergency. The purpose of the legal system of state of emergency is better defending the state power of the ruling class in an emergency situation, to maintain the minimum security of the basic social organization and legal person’s activities. Therefore, to research the state of emergency legal system in theory can help us further understanding the features, status and functions of the state of emergency legal system, draw a clear line of demarcation between the law of state of emergency and normal condition, use laws to limit government abuse emergency powers, and the minimum to protect the safety of the lives and property of people free from unlawful infringement.This essay can be divided into the following four parts except the introduction and conclusion:Chapter1is the general theory of the state of emergency and human rights. Firstly, interprate the concepts, origins and development of the state of emergency and human rights. Secondly, classified the state of emergency and human rights. Finally, compared these two concepts from both the positive and negative aspects, thus obtain the positive relationship between the two is to realize public power, and the negative relationship is to maximize the public right, and then violate human rights.Chapter2is legal analysis of derogation and protection of human rights under the state of emergency. Firstly, deep analysis the necessity of derogate and protect human rights under the state of emergency. Secondly, balance the state power and human rights in the politics, laws and value aspects.Chapter3is existing condition analysis of derogation and protection of human rights under the state of emergency. Firstly, classified the current situation of different countries’emergency state system from the guarantee and exercise ways of constitutional rights. Moreover, classified the present situation from when implement emergency state, a party expand its right but corrode the other side.Chapter4is perfect mechanism of derogation and protection of human rights under the state of emergency. In the first place must be authorized by the constitution, which contains the situtation of the state of emergency, confirm and implement subject and the scope of authority of emergency power. Next is strict procedures, which including the programs of approve and declare a state of emergency and the announced authorities. Finally are relief rights, which contain the emergency resistance right, the right to know, the rights to apply for administrative reconsideration or bring an administrative lawsuit, and the right of damage claim.