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Study On The Protection Of Civil Rights In The Implementation Of “National Security Law”

Posted on:2018-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y MaFull Text:PDF
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Globalization,informatization,and networking have been accelerating the evolution of modern national security concept and making it deeply rooted in the country,the scope of national security covers almost every corner and people's lives in the country,it is also because of the wide range of national security,and there are many intersections with civil rights,that exists contradictions and conflicts unavoidably in the implementation of "National Security Law" with the protection of civil rights.After the 2015 "National Security Law " promulgating,from the national politics and military to ecology,science and communications are all belong to national security concepts,it's very easy to broaden the impacts on human rights in justifying the individual rights of citizens in the work,if allowed to expand this power,it must be affecting the human rights protection and the national law established seriously.According to the law,the security organ has criminal enforcement powers and extensive administrative enforcement powers in the national security job,performing the filing power,investigation power and enforcement power to the national security crimes,and preliminary hearing cases,detect and take technical reconnaissance measures to ensure the promotion of the proceedings,combat crimes against national security crimes,taking the measures of guaranteed pending trial,residential surveillance,detention or arrestment.At the same time,the activities related to national security,the organs could take administrative licensing,administrative penalties,administrative expropriation,administrative coercion,administrative supervision and inspection of the relevant acts to be bound,to ensure that national security interests are not infringed.When the national security organ uses its power,it could bring the restrictions and influences on civil rights.For this we have to be aware of limiting human rights is necessary to fight the national security crime,otherwise it is meaningless,however,in the implementation process of the "National Security Law" also need to restrict the law enforcement agencies,and the civil rights Justification restrictions cannot beyond reasonable scope.Because of the confidentiality of national security work,it is impossible to know the specifics in it.This article mainly analyzes the influences in law enforcement on citizen information,property and personal freedom.Through the study of dispute in national security interests and civil rights to lead the principles that should be followed in the implementation of the “National Security Law”,and then analyzes the conflict between the two,and guarantees the legal rights of the citizens.The article is divided into five parts.The first part introduces the background of this topic and the research status,purpose and significance.The second part defines the national security and its legal system,and then points out the source of authority and the main part of the current national security organs.The third part is the characteristics and impacts of the “National Security Law” in implementation and the problem of national interests with civil rights.The fourth part analyzes the theoretical principle in the implementation of “National Security Law”,and in-depth understanding of the implementation of the principles that should be followed,for restricting the state power,protecting civil rights.The fifth part is according to the principle of performing to make some suggestions of protection of civil rights.
Keywords/Search Tags:National Security Legal System, Conflict of Interests, Proportionality Principle, Civil Rights Protection
PDF Full Text Request
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