Citizens’ Personal Freedom In Social Security Incidents Emergency Management

The social security incidents took the current social frequency sends one of thunderbolts,has affected the national security, the public security, the social order seriously. The socialsecurity incidents mainly takes the emergency management measure by the government andthe correlation department to solve.Government and correlation department in order to solvetime as soon as possible the social event necessity often can set out the police forces, adoptsto the citizen limits the personal freedom. The personal freedom took citizen basic humanrights, widely the various countries’ constitution, the law and the international human rightsdocument approve. The personal freedom is extremely important: It is the humanity enjoysother each kind of free beginning, also realizes other free premises. In the social securityincidents, limits the citizen personal freedom to sometimes occur, has the extremely badsocial influence. Therefore, the personal freedom power protection has become one of ourcountry legislative work key questions in the social security incidents emergencymanagement.This article elaborated through the system habit management and the social securityincidents emergency management and emergency management difference, discusses limitsthe citizen personal freedom power in the social security incidents emergency management tobe supposed to have its unique rationale, proposed in our country present legal regime existsthe question, and elaborated in the social security incidents emergency management to limitthe citizen personal freedom power law safeguard mechanism.The full text altogether divides into four parts. The first part mainly is the questionlimits.Mainly from the social security incidents concept and characteristic, the social securityincidents emergency management legal nature, in the social security incidents emergencymanagement personal freedom protection important three parts of elaborations. In second partof the social security incidents emergency management personal freedom limit.Mainly fromthe limit necessity, the limit standard basis and the limit essential factor elaborated that, showsin the social security incidents emergency management to limit the personal freedom power tohave its legal basis, but starts this limit to have to have its necessity and to defer to the legal rule, the legal proceeding moves, also standard of its conclusion. In third part the socialsecurity incidents emergency management personal freedom protection.Mainly namely tolimits the personal freedom power measure from the protection essential method to carry onthe limit, cannot adopt at will to the citizen limits the personal freedom power, concretemainly has the entity protection and the procedure protects two aspects, guarantees the citizenin the social security incidents emergency management the personal freedom power not theillegal violation.In fourth part of the social security incidents emergency managementpersonal freedom violation relief. Returns to the relief stratification plane, first carries on theconsummation from the legal standard, safeguards the citizen personal freedom power to havethe legal foundation in the social security incidents emergency management; Next carries onthe standard from the law enforcement process, National Civil rights Strength Institutionlimits the citizen personal freedom power measure in the social security incidents emergencymanagement to have to defer to the legal rule, exercises the authority according to the legalproceeding; Finally to limits the citizen personal freedom power from the judicialstratification plane in the social security incidents emergency management to carry on therelief. The citizen the personal freedom power receives the violation in the social securityincidents emergency management to be possible to file the administrative proceedings, in thecivil rights strength institution illegal limit citizen personal freedom power situation, mayrequest the national compensation, limits the citizen personal freedom power legitimately inthe civil rights strength institution the situation, may request the just compensation in the legalrule scope.