Emergency Administrative Sight Under The Protection Of Human Rights

The spirit of the Constitution that "the state respects and guarantees human rights" should become the basis of humanistic spirit of administrative emergency, and put it into the process of the exercise of this administrative emergency power, however, the construction of the present emergency system in our country, which is not enough to realize the protection of human rights. In the view of administrative emergency, the conflict between the unlimited extension of administrative power and the derogation of human rights is mainly because of the lack of human rights institutions, and the lack of an explicit provision on the restriction and the derogation of human rights, and so on…The existing emergency laws and regulations in our country can not fundamentally solve the conflict between administrative power and human rights. We should balance administrative power and human rights from the following aspects, such as establishing the mode of subject which centered with the State Office of Emergency, and managed by the classified management system of other agencies of the State Council, refining the steps and process for the government and other competent authorities to exercise administrative emergency power in the state of emergency, identifying the necessary conditions to exercise the administrative emergency power, changing the state of the lag of administrative subject and the lag of Emergency Law, and establishing the relief approach of administrative emergency and the measures of human rights protection in the form of law in our country.