Restriction And Protection Of Fundamental Rights Of Citizens In The State Of Emergency

It is acknowledged that the state of emergency is a kind of non-normalsocial situation. When the country declared a state of emergency inresponse to crisis, the fundamental rights of citizens are facing aserious threat with the expansion of state power, focus, and strengthen.Overcoming the crisis effectively to restore normal condition of stateas well as keeping basic rights of citizens from undue restriction is thatwe must consider. This paper argues that how the power of state and thebasic rights of citizens can reach balance from the perspective of theirrespective nature. The innovation of the article is: Under the premiseof basic theory, the author chooses the angle from the conflict of thevalue of a number of social relations exist in a state of emergency periodto demonstrate the legitimacy of regulation to state power which hassignificantly different with most scholars did.Finally, the author provides some constructive suggestions toovercome shortcomings for the protection of basic civil rights.The article is divided into four parts:Part one: Overview of state of emergency theory. Systematicallyintroduce the origin of the state of emergency and give a scientificdefinition of the concept of it. Then, the author makes a description ofthe condition of state power and basic civil rightsPart two: About restrictions on basic civil rights. By analyzing thetheoretical basis, the author tries to demonstrate the need forrestrictions, and thus make the boundaries clear in order to achieve thepurpose of protection.Part three: It refers to the protection of basic civil rights under the state of emergency. This is the main point of the article. Toillustrate the necessity and significance of the protection of basic civilrights under the state of emergency, a comprehensive analysis of thedifferent modes and the contents of protection is made from theperspective of changes of basic civil rights. At last, all of these providea reference for the protection of citizens’ fundamental rights in thestate of emergency of our country.Part four: Thinking of the System of Emergency State. First, delveinto the running problems of our current legal system in state of emergency,and then put forward a sound proposal for the existing defects.