The means of protecting citizens' basic rights from illegal infringement under a state of emergency in China
DOI: 10.23977/law.2024.030421 | Downloads: 5 | Views: 104
Author(s)
Ziqing Zhao 1
Affiliation(s)
1 Faculty of Law, Wuhan University, Wuhan, Hubei, 430000, China
Corresponding Author
Ziqing ZhaoABSTRACT
To restore the normal social order as soon as possible, derogations from some citizens' basic rights in a state of emergency have a legitimate basis. For this reason, the state is supposed to grasp the emergency power carefully to protect basic rights from illegal infringement. Although China's emergency legal system has been valued and gradually developed by absorbing the experience of reform, there still exist several problems in China's emergency legal system, and only by solving them can we provide a solid guarantee for the basic rights of Chinese citizens under a state of emergency.
KEYWORDS
Basic rights; a state of emergency; constitution; ChinaCITE THIS PAPER
Ziqing Zhao, The means of protecting citizens' basic rights from illegal infringement under a state of emergency in China. Science of Law Journal (2024) Vol. 3: 170-174. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030421.
REFERENCES
[1] Chunming Guo. Research on the legal system of state of emergency. Beijing: China Procuratorial Press, 2004, p. 23.
[2] Huaide Ma. Legal thinking of emergency response. Beijing: China University of Political Science and Law Press, 2004, p.31
[3] Dayuan Han. On the Restrictions and Guarantees of Citizens ' Basic Rights under the State of Emergency [J]. Learning and Exploration, No .04, pp. 80 – 83, 2005.
[4] Zhenjun Wang. Theory and practice of state emergency right. Beijing: Law Press, 2015, p. 75.
[5] Dayuan Han. Theory and practice of state emergency right. Beijing: Law Press, 1994, p. 113.
[6] Weihai Li. Study on human rights derogations in states of emergency. Beijing: Law Press, 2007, p. 34
[7] Jihong Mo. Constitution and Emergency. Beijing: Law Press, 2010, pp. 38-39
[8] Qianfan Zhang. Constitutional Law. Beijing: Law Press, 2004, p. 238.
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