A Comparative Study Of National Emergency Rights

With the deepening of social complexity brought by the development of the times,public health crisis,natural disasters and other emergencies that affect the safety of people's lives and property in a large range occur from time to time.The study of national emergency power has gradually become an indispensable issue in constitutional research.Most countries in the world have established a relatively complete legal system of national emergency power.In China,the research on this issue started relatively late,and the domestic legal norms on national emergency power are scattered in a large number of legal norms of different levels of effectiveness,and there is no unified legal system of national emergency power,which hinders the exercise of national emergency power to a certain extent.Based on the comparative study,the author studies the provisions and practice cases of national emergency power in different national legal systems,and puts forward some suggestions for the practice of national emergency power legal system in China.This paper consists of the introduction and the text,which consists of four chapters.This paper introduces the main contents and innovation of this paper.The first chapter mainly introduces the basic problems of national emergency power,including the concept of national emergency power,the basic principles of the exercise of national emergency power,the concept of state of emergency and the classification of national emergency power.The second chapter focuses on the theoretical basis and practice of emergency power in western countries.In terms of theoretical basis,this paper demonstrates the theoretical basis for western countries to exercise the emergency power from the two aspects of republicanism and liberalism;in terms of the practice of national emergency power,this paper selects Germany,the United States and the United Kingdom as the research objects,and studies specific cases.The third chapter studies the specific provisions and practice of state emergency power in China's current legal system.The selection of China's constitution,emergency response law and other provisions of the department law,the "7.5" incident in the Xinjiang Uygur Autonomous Region and the prevention and control work of COVID-19 in early 2020 analyzed the loopholes in the legal system of China's national emergency power.According to the above research,the fourth chapter puts forward some suggestions to improve the legal system of national emergency power in China.