Research On The Restriction Of Citizens’ Basic Rights In Emergency

In recent years,public crises have occurred frequently,and the state of emergency is a legal effort for mankind to deal with the most serious crises and restore normal social order.Responding to crises by expanding the public power of the state,and eliminating dangers through the exercise of emergency powers of the state.The expansion of public power also brought restrictions on the basic rights of citizens.Reasonable and lawful restrictive measures are emergency measures that citizens should endure the sacrifice of their rights in a state of emergency,but unreasonable restrictions and emergency measures that excessively restrict citizens’ basic rights are beyond the scope that citizens should endure in a state of emergency.In order to improve the protection of the fundamental rights of citizens,the balance between rights and authorities in emergencies should be maintained.The area of emergency response in our country should be improved with regard to the establishment of specific legal systems and institutional arrangements and the protection of citizens’ rights.This article discusses the restrictions on the basic rights of citizens in a state of emergency from the following four parts:The first part: Normative analysis of emergency state.First,determine the adjustment object of the emergency state.By comparing the foreign emergency code and the current emergency response law in China,it is clear that the adjustment object under the emergency state in my country is the particularly serious natural disaster and special disaster that cannot be resolved by the Emergency Response Law.Major accidents and disasters,especially major public health incidents,especially major social security incidents,and social disturbances and riots that seriously endanger national security and social life.Secondly,through the element method,the emergency state at the normative level is obtained,and the concept of the emergency state is determined from the reasons,time,space,measures,procedures,etc.: an emergency state refers to an emergency that has occurred and has a large scope of influence.The situation seriously endangers people’s lives,normal social order,national security,etc.,and cannot be resolved through normal legal systems.In order to restore social order as soon as possible and impede the rights of citizens,the statutory authority declared a state of emergency and adopted necessary measures to eliminate crises and restore normal social order by expanding the state’s emergency powers and restricting citizens’ rights.The second part: Restrictions on basic rights under emergency conditions.First,it analyzes the legitimacy of the restriction of basic rights.Public interest is an important factor restricting the basic rights of citizens.The most important public interest of society in a state of emergency is the restoration of social order.In order to restore social order as soon as possible,it is legitimate to restrict the basic rights of citizens within a reasonable and appropriate range.The fundamental purpose of the restriction of basic rights is the protection of human rights.In order to guarantee long-term and continuous rights,some citizens’ rights under the state of emergency can be temporarily restricted.Secondly,it analyzes the principle of restricting citizens’ fundamental rights in an emergency.There are mainly the principles of proportionality,non-limitation and legal reservation.The third part: Restricting citizens’ basic rights in emergency in China.Problems in the legal system: the invalidation of the "emergency clause" in the Constitution;the inconsistency between the "Emergency Response Law" and related separate laws.Specific system level:The information disclosure system,emergency guarantee system,and social participation in emergency management are not perfect.In terms of rights restriction: emergency measures have the problem of excessive restrictions on the basic rights of citizens.The fourth part: perfect the protection of the basic rights of citizens in a state of emergency.In terms of legal system: while formulating the "State of Emergency Law",the emergency supporting separate laws and related laws including the "Emergency Response Law" should be improved.Form an emergency system in which conventional emergencies and unconventional emergencies coexist.Conventional emergency laws based on the "Emergency Response Law" mainly regulate emergency administrative powers and respond to conventional emergencies;laws based on the "Emergency Law" and other laws formulated in the future mainly regulate emergency situations National emergency power to respond to unconventional emergencies.Specific system level: improve the information disclosure system,emergency security system,and common social governance in the field of emergency response in my country.In terms of rights relief: citizens have the right to receive state compensation and compensation,as well as the right to social relief and litigation.