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The Research of Our Country Emergency Legislation in the Basic Civil Rights Security

Author: ZhouLing
Tutor: ChenYuXiang
School: Hunan University
Course: Legal
Keywords: A state of emergency Lawmaking of emergency state The basic rights ofcitizens
CLC: D922.1
Type: Master's thesis
Year: 2012
Downloads: 78
Quote: 0
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The state of emergency is the threat to national survival emergencies, which thegovernment has declared a temporary implementation of the very social order basedon the necessary. The state of emergency legislation is that the legislature makecorresponding laws or abolished the emergency laws, rules, regulations in time,according to the legislation conditions. It should be formulated by the legislature, butthe administrative organ authorized to work according to the actual needs,in anemergency situation. The value target is the balance between the powers, and betweenthe right and the power, administrative efficiency and fairness and justice.Thefeatures of basic civil rights have universal applicability, sexual mandatory, and soon.The individual rights, political rights and social rights are all the basic civil rights.The principles,which is on basic civil rights being limited by the state ofemergency legislation, include the efficiency, the concrete analysis and interestproportion principle. At present, the primary difficulties the China are experiencinginclude lack of unified state of emergency law and lack of. perfect Informationdisclosure system and lack of the standard.of Government’s emergency power Thisis not perfect in an emergency situation. The security pattern of the basic civil rightsis inadequate in an emergency situation. Supervision and relief system also hasdefects.The basic civil rights not only must needs substantive guarantee, but alsoneed to procedural safeguard,in an emergency situation. Basic civil rights need toprotect, to rely on the rule of law, and the reduction principle of basic civil rights, andthe public principle of the government information, and the principle of the rights andremedies relief. Our country should improve the corresponding emergency law system,by adapted from foreign emergency state system and state of emergency, and thetheory and practice experience of the paper summarizes.The legislature shouldformulate a unified state of emergency law, and set up administrative emergencymechanism, and improve the information openness system, and regulate the exerciseof emergency powers, and encourage the civilian power to join.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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