Study Of Civil Rights In State Of Emergency

Since the 21st century,the frequency of non-traditional crises has increased,and how to respond to them has become an important part of national governance globally,which has led to a continuous discussion on the issue of "Public Emergency Governance" worldwide.With the outbreak of the COVID-19 in early 2020,the epidemic spread to the whole country,and all parts of China entered into the "unusual" state of epidemic prevention and control,i.e."state of emergency".The state exercised its emergency powers to prevent and control the crisis and adopted a series of emergency management measures.However,during the two-year period,especially at the beginning of the epidemic,a series of emergency control measures taken by the state revealed various problems in restricting citizens’ rights and raised new requirements for the study of emergency governance in China.How to restrict the rights of citizens in a state of emergency is an important criterion for measuring the level of state governance and its ability to govern.By listing the concepts and types of emergency and civil rights restriction,and analyzing the relationship between rights restriction and power derogation,we clarify the characteristics and connotation of each concept;by discussing the balance between civil rights and obligations,guaranteeing the benign operation of state power,and coordinating the value of order and freedom,we clarify the necessity of civil rights restriction,and use it as the theoretical basis for studying the restriction of rights under emergency in China.The theoretical basis of the restriction of rights in emergency situations in China.The current situation of civil rights restriction in China is examined,and the problems of civil rights restriction in emergency situations in China are pointed out,including the lack of minimum human rights standards,inadequate procedures for civil rights restriction,imperfect relief system for civil rights restriction,and deficiencies in the supervision mechanism for civil rights restriction.By analyzing the current situation of domestic emergency laws and their implementation,and taking into account the international treaties to which China is a party and relevant foreign experiences,we clarify the restrictions and protection of civil rights,and discuss the principles of civil rights restrictions,the scope of civil rights restrictions,the procedures of civil rights restrictions,the remedies of civil rights restrictions,and the supervision mechanism of civil rights restrictions respectively.The discussion will provide ideas and suggestions to improve the emergency system and civil rights protection in China,build a civil rights restriction system with Chinese characteristics,and contribute to the national rule of law construction.