The Research On The Safeguard And Restriction System For The Fundamental Rights Of Citizen In The Emergent State

To safeguard the fundamental rights of citizen is the inevitable duty of a law-ruled country.What's more,it is a better embodiment of law-ruling of a country as well. However,how and in what extent can a country do in the protection of citizen's basic right,is to be the touch stone of verifying one country's democratic and legality condition.In this thesis,with the realization of the above concern,the writer want to give some useful advice in the construction of the basic rights protection mechanism in china. This thesis including five parts:The first part discusses the exercise of emergency powers at the state of emergency. After studying the various countries of the provisions of a state of emergency and Put forward the concept and scope of a state of emergency.According to analysis of the state of emergency,the writer describes the exercise of national emergency under the state of emergency and the characteristics of national emergency.The second part deals with the understanding of the fundamental rights of the citizen in the emergency.According to analysis of the meaning of the fundamental rights of citizens,The writer express what kind of the fundamental rights of citizens are vulnerable to violation.This proposed the discussion the relationship between the national emergency powers and the fundamental rights of citizens and they are dialectical unity.The third part deals with the protection of fundamental rights of citizens in emergency.How to protect the fundamental rights of citizens is the vital question when the country is in emergency.This part start with nomology logical of the protection of the fundamental rights of citizens,put forward the fundamental rights of citizens of the protection and relief by listing the content and expansion of the fundamental rights of citizens in emergency.The fourth part deals with the restrictions on the fundamental rights of citizens in emergency.It's seems narrowed the scope of the fundamental rights of citizens and reduced the degree of realization of the fundamental rights of citizens.We should form legal process and regulation to protect the civil rights in status of emergency.At the same time,from the point of view of substance and procedure.And most of country in the world are admitted the restriction of the fundamental rights of citizens in status of emergency.The last part analyses the defects of our country's legal system on civil rights limitation and protection in status of emergency,and at last the author try to put forward some useful suggestions on the construction of institution to it.