The Protection Of The Citizen Basic Rights Under Emergency State

After entering the 21st century, human civilization in the peace and development have become the theme of The Times, but there are still many crisis threatens us. In these crises have natural disasters, such as tsunami, earthquake; Have human conflict, such as "the terrorist attack" in Paris in 2015.These emergency, invariably make a region or even a country, into a tizzy. At this time in order to avoid damage to further expand, minimizing fosses, governments will be declared a state of emergency in the affected areas. A state of emergency, the rapid expansion of state power, and with the corresponding was part of the citizens basic rights could be limited, at this time the effect of citizens basic rights to defense of state power, the protection of citizens' basic rights is especially important. The state of emergency is different from ordinary social norm of special form, is a test of a country's level of legalization, however to be in a state of emergency for the protection of fundamental rights will not be easy, on the one hand, the expansion of state power is often accompanied by restrictions on civil basic power; On the other hand is the state power of citizens' rights of compressed at the same time, need to get the protection of citizens'basic rights. Therefore, how to balance the relations hip, the state of emergency under the protection of citizens' basic rights are important breakthrough.This paper studies the state of emergency and found that the emergency period on field of citizens basic rights of the state power intervention, therefore has the necessity of the protection for its, but also need to be at the same time in the protection of certain aspects of g, at this point, the author thinks that the fundamental purpose of reductions in order to better protect the rights. Finally, combining with the present state of emergency in our country the present situation of the legal system, on how to deal with emergency period basic civil rights and the relationship between the state power proposed own view, and found that the deficiencies for protection of citizens'basic rights, put forward a solution.