The Rationality And Legal Countermeasures Of Prohibiting Wearing Mask Gowns

In recent years,there are more and more phenomena of wearing the masked clothing under the agitation of religious extremism.The mask is not explicitly required by Islamic doctrines,and the masked clothing is a product of extremism.The bad thing is that terrorism has taken advantage of the women of wearing the masked clothing and the masked clothing as a tool for hiding dangerous goods and making attacks by hiding their identity,which has brought some obstacles to the fight against terrorism and the maintenance of the country.But the harm is not limited to this,the masked clothing attempts to replace the traditional headscarf,which is not conducive to the true religious cultural heritage,and constitutes a threat to the safety of religious culture.Many foreign countries have implemented the law that banned the masked clothing more than 10 years ago.In February 2015,the city of Urumqi began to implement a local law that also banned the masked clothing,which pioneered the legislation in our country.There is no doubt that the emergence of this local law is just as controversial as other countries' previous laws.In fact,there are still many problems to be solved in the study of similar prohibitive laws and human rights protection,national security and cultural security,which have great research value.From the point of view of nomology,this article demonstrates the reasonableness of whether citizens have the right to wear the masked clothing and whether the state has the power to prohibit it.In the perspective of civil rights,wearing the masked clothing is not the right to be freely exercised by "offense principle","principle of injury" and "the principle of legal paternalism".In the view of state power,the principle of "value order" in jurisprudence and the principle of prohibiting the abuse of rights are used as the basis for the state to prohibit the masked clothing,and in special circumstances,the value of the maintenance of order is the first choice.The most important thing is to have the right to ban the prohibition law,which does not mean that the enforcement of the prohibitive law is reasonable,and a good law must meet the relevant conditions.This article also combs these conditions,and the prohibitive law to meet these conditions is a reasonable prohibitive law in the real sense.