A Study On Issues Of Human Rights Protection In The State Of Emergency

In today's society,human rights protection is an important issue of great concern to the whole world.With the gradual improvement of the legislative guarantee system of civil rights in each nation and the relevant international conventions of human rights protection,the important value of human rights protection has become a basic global consensus,which is of great significance to social stability and progress.How to protect human rights in the state of emergency is not only of positive significance to the stability and progress of the country and society,but also involves issues such as legal outlook,values,philosophical view and moral outlook.Based on the study of the connotation and characteristics of the state of emergency and human rights protection,this paper discusses the manifestation and essence of the conflict between them to point out that the conflict between the state's need to restore social order and safeguard public interests and individual human rights protection is the essential issue of human rights protection in the state of emergency.Combined with the legal provisions of the state of emergency in developed countries and modern mainstream concept of human rights protection,the basic principles of legislation in the state of emergency are put forward from the perspective of human rights protection,namely proportionality principle,non-discrimination principle and non derogation principle.The important role of the above principles is embodied in that they can not only regulate the specific behaviors of state organs in exercising emergency power,but also provide important guidance for the direction and boundary of exercising emergency power.In addition,some countermeasures and suggestions are put forward for the legislation of human rights protection in the state of emergency in this paper,such as unifying legislation in the state of emergency and including all kinds of emergency power,further specifying subject scope of emergency power,establishing emergency disposal scheme and hierarchical management mechanism in the state of emergency,improving the supervision in the state of emergency and building the international cooperation mechanism.The prevention,disposal,supervision and international cooperation in the state of emergency are elaborated in the above countermeasures and suggestions from the perspective of legislation,aiming to finally achieve the harmonious unity of maintaining social order and protecting human rights through improving the legal system in the state of emergency.The study on human rights protection in the state of emergency is divided into four parts in this paper:Chapter one expounds the basic theories of human rights protection and the state of emergency.It mainly introduces the basic theories and characteristics of human rights protection,the connotation and intrinsic value of the state of emergency,and the influence of the state of emergency on human rights protection.Chapter two explains the contradiction and conflict between the state of emergency and human rights protection.It mainly introduces the manifestation and essence of the conflict between the state of emergency and human rights protection,and analyzes the causes of the conflict between the state of emergency and human rights protection.Chapter three elaborates the bridging and coordination of the conflict between the state of emergency and human rights protection.It mainly introduces the modern concept of human rights protection and its fundamental orientation,coordinates the conflict between them based on human rights protection,and compares the coordination mode of the conflict between the state of emergency and human rights protection.Chapter four introduces the construction of a balanced mechanism between the state of emergency and human rights protection.It mainly expounds the basic principles of legislation in the state of emergency from the perspective of human rights protection and some countermeasures and suggestions for China's legislation of human rights protection in the state of emergency.