Research On The Legal System Of Emergency In China

Faced with the emergent state of emergency,the government needs to assume corresponding responsibilities,exercise its emergency power,and take targeted measures to respond to ensure the safety of the country and the people,control the crisis,and ultimately eliminate the crisis,so as to restore normalcy.Social and legal order.However,in the emergency handling stage,if the government’s emergency power cannot be used reasonably,the rights of citizens may also be violated.Therefore,in the contemporary democratic constitutional system,the restrictions and regulations on the government’s emergency power have gradually gained scholars in various fields.Attention.In the structural system of the modern risk society,the legal system plays an irreplaceable role in the stability of the social order and the maintenance of individual rights and interests.Institutional utilitarianism attaches importance to the role of the legal system in the context of interpersonal welfare comparison,starting from the reality of the existing social system,and improving the comparison and distribution of maximum happiness through the legal system.In the value demands of the law of emergency,there is the same value concept as system utilitarianism.As a special state in the constitutional system,the state of emergency is unique in its entire process from its generation,operation to its termination.The situation it faces is how to maintain and reduce losses when the public safety interests of the majority of people are harmed.The same is to maintain the overall interests of the social group,or at least protect the majority of people for the sake of stabilizing the social order.Sacrificing the interests of a small number of people for their own interests coincides with the value demands of institutional utilitarianism.Institutional utilitarianism is consistent with the value concept of emergency in the three aspects of structural functionalism,traditional Chinese social values,and the legal system itself.It also focuses on the state’s obligation to prevent risks,the value needs of the construction of the rule of law,and reasonable restrictions on freedom.Three aspects can be used to justify the value of the emergency legal system.my country’s current emergency legal system still has basic problems such as the absence of the legal system,the excessive reliance on administrative emergency plans,and the lack of clear boundaries for the derogation of basic rights in the state of emergency.In response to these problems,this article combines the advanced features of institutional utilitarianism to seek to promote the progress of our country’s emergency legal system.And implement it under the existing institutional framework to promote institutional reforms.my country should promulgate the "State of Emergency Law" as soon as possible,reintegrate the existing emergency legal norms system,and attach importance to the appropriateness of derogation of citizens’ basic rights in the state of emergency,so as to improve our country’s emergency legal norms and system construction.This conforms to the fundamental interests of the broad masses of people in our country,and is also an inevitable requirement for advancing the modernization of national governance capabilities.