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In 2003, a "SARS" and then of bird flu, southern snowstorms Wenchuan earthquake, make the topic of emergency caused great concern in society. Various media coverage, academia sparring research upsurges, making the law of emergency state have put on the agenda.During the emergency, on the one hand, administrative power needs to concentrate and expand,and the basic rights of citizens need to control, on the other hand, we must prevent the the aggrandizement of a state emergency power cause the abuse of administrative power, then pretect citizens basic rights. Because of we lack of emergency legal system, lack of emergency legalization, especially that in emergency situations, how to realize the administrative power control.in order to pretect citizens basic rights.In the author’s opioion,the control of the emergency administration rights, the root way is legislating the law. Duing the state of emergency, how the country exercise the rights and what’s the limitation of the rights, we should bring the rights into law. The text is from the point of eview, in the first part, exposition what’s the meanning of the the state of emergency, the character of the the state of emergency, the type of the the state of emergency, in the second part, exposition the manifest of the limitation of people’s basic rights, primary the rights of people’s freedom, the rights of people’s property, the rights of people’s political, in the third part, exposition the control of the emergency administrative rights, admit the emergency administrative rights, control the emergency administrative rights and protect the basic rights of people, using the law to exercise of the emergency administrative rights, and how people relieve their rights when they incursionaried, in order to protect the basic rights of people.
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