A Study On The State Of Emergency

The disposal of the state of emergency is an important criterion for judging the level of rule of law in a country.In emergencies,the exercise of state power usually presents a characteristic of expansion and unconstitutionality,thus inevitably causing a series of conflicts with the protection of human rights.How to coordinate the tension between them,and how to ensure that the exercise of state power shall effectively deal with the crisis while protecting the basic rights of citizens,is the focus of this paper to explore the issue.The main contents of this paper are as follows:The first part,this paper tried to clarify the existing problems of the legislation on the state of emergency in our country.The second part is about the depth analysis of the concepts and types of emergencies,depending on grasping its connotation and extension.The third part is about the entity requirements and procedural requirements of the state of emergency.The fifth part is about the relationship between the state of emergency and human rights protection;the last part tried to put forward my ideas and suggestion for the legislation on the state of emergency.