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The means of protecting citizens' basic rights from illegal infringement under a state of emergency in China

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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 Zhao

ABSTRACT

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; China

CITE 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

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[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.
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[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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