| In recent years,emergencies have occurred frequently on a global scale,seriously jeopardizing the safety of people’s lives and property in various countries.When responding to emergencies,countries often take unconventional measures to control the development of the situation as soon as possible,and carry out necessary measures for the exercise of certain rights of citizens.Restriction,this way of derogation of rights reflects the conflict and balance between the overall social interests and individual private interests,order value and freedom value,and is an important criterion for measuring the state’s governance level and governance capabilities.This article takes the derogation of civil rights as the research center,analyzes the legislation and implementation status of emergency response at home and abroad,tries to clarify the derogation and protection of civil rights,and provides ideas for improving the emergency response mechanism and human rights protection in our country.The research content of this article mainly includes four parts:The first part lists and introduces the concepts and main types of emergencies,rights derogation,etc.,clarifies the characteristics and connotations of each concept,and discusses the necessity of civil rights derogation and the value conflicts involved.Provide theoretical foundation and research direction.The second part compares and analyzes the legislative experience and relief methods of civil rights derogation in response to foreign emergencies.The United States and Germany are selected as the representatives of the common law system and the civil law system,and the different modes of human rights protection in the two countries are listed.The above are the human rights clauses in the three major human rights conventions widely recognized by the international community.On the basis of sorting out the aforementioned legal documents,the advanced scientific experience is summed up to provide a reference for my country to improve legislation for responding to emergencies.The third part analyzes and judges the legislation and practice of the derogation and protection of civil rights in our country,focusing on summarizing the gaps in the legislation and the roughness of the system,combining the previous experience of the legislation on derogation of rights in foreign countries,and clarifying the direction for the improvement of the legislation for emergency response in our country.The fourth part proposes suggestions for the improvement of our country’s legislation.Based on the local national conditions and legislative techniques,it discusses the principles,scope,remedies and supervision mechanism of rights derogation,and tries to make a small contribution to the construction of the country’s rule of law. |
