【作者】 刘丹；

【导师】 牟瑞瑾；

【作者基本信息】 东北大学 ， 宪法与行政法学， 2013， 硕士

【摘要】 紧急状态是指发生或者即将发生特别重大突发事件,需要国家机关行使紧急权力予以控制、消除其社会危害和威胁时,有关国家机关按照宪法、法律规定的权限决定并宣布局部地区或者全国实行一种临时性的严重危急状态。在紧急状态下,维护国家的生存成了首要问题,国家可以合法的行使紧急权力。紧急权力的行使会在一定程度上脱离宪法的约束,也将会对宪法所保障的一部分公民基本权利予以限制和克减。因此,紧急状态下公民权利将面临更大的威胁,政府也更有责任保障公民在紧急状态下的基本权利。目前,我国紧急状态法律制度还有待完善,在现行宪法中没有关于紧急状态下人权保障与限制相关问题的明确规定,迟迟没有制定统一的紧急状态法,国家的紧急权力因此也缺乏系统的法律规制,导致在我国的实践中紧急权力的运行不够规范,紧急状态下公民的基本权利常常受到侵害。所以,有必要从完善紧急状态法律制度入手,实现对我国紧急状态下的公民权利保障。本文共分为六章。第一章是绪论部分,主要介绍选题背景和意义等相关问题。第二章重点研究了紧急状态下我国公民基本权利保障的意义等相关问题。第三章介绍我国紧急状态法制的发展及现状,通过对现状的全面分析,进而指出我国紧急状态下公民基本权利保障中存在的问题,分析存在问题的原因,进一步展开对紧急状态下人权保障问题的论述。第四章通过介绍、分析其他国家立法及国际公约中对公民基本权利的保障,由此为我国制定紧急状态法中保障公民基本权利提供借鉴。第五章是对我国紧急状态下公民权利保障制度提出一些完善措施。第六章在全文论述的基础上总结得出行使国家紧急权力与保障公民基本权利平衡的结论。更多还原

【Abstract】 State of emergency is a temporary state of serious crisis which is proclaimed the introduction in a local area or entire country according to the Constitution or law by the state organ concerned, when it is needed to exercise emergency powers for the state organs to control and eliminate the social harm and threats as the particularly major emergencies occurred or is about to occur. Under the state of emergency, the maintenance of national survival becomes the most important issue and the state can legally exercise emergency powers. The exercise of emergency powers will be divorced from the constraints of the Constitution to a certain extent. Part of basic civil rights guaranteed by the Constitution is also restricted and derogated. Therefore, the civil rights will face a greater threat. In this case, the government has more responsibility to protect the fundamental civil rights under the state of emergency. At present, the legal system for the state of emergency in China deeds to be improved. Under the current Constitution, the relevant issues of protections and restrictions of civil rights in emergency are not clearly defined. The emergency law has yet to be legislated in China. The emergency powers of the state show a lack of systematic legal regulation. It results in the operation of emergency powers being not standrdizedas well as the fundamental civil rights often being infringed in the emergency. Therefore, it is necessary to improve the legal system of the state of emergency in China to realize the protection of civil rights in the emergency.The present thesis was divided into six chapters. The introduction was given in the first chapter. The research background and significance of this study was presented in this part. The significances of protection of the fundamental rights of citizens in China under the state of emergency were given in the second chapter. The development and statusquo of legal system of China in the state of emergency in introduced in the third chapter. The exiting problems of protection of the fundamental rights of citizens in the emergency in China were indicated through a comprehensive analysis of the statusquo of the legal system. The causes of the problems were also analyzed. The discussions of protection of the fundamental rights of citizens in the emergency were further expanded. In fourth chapter, the legislation of protection of the fundamental rights of citizen in the other countries and the international conventions were introduced and analyzed to provide a reference to protect the fundamental civil rights during legislating State of Emergency Act in China. The measures to improve the civil rights protection system in the emergency in China were proposed in the fifth chapter. The conclusion that the balance between exercises of national emergency powers and protections of fundamental rights of citizens should be maintained was summarized in the sixth chapter on the basis of the discussions of the full text.更多还原