论紧急状态下的人权保障

On the Protection of Human Rights Under the State of Emergency

如何在限制人权和保障人权的相对紧张关系中寻求平衡,是紧急状态下解决人权保障问题的关键。首先要明确紧急状态的概念、紧急状态下人权保障的必要性等理论问题,才能针对立法及实践中存在的问题进行完善。

How to balance the relationship between restricting human rights and protection of human rights is the key to resolve the issue of the protection of human rights in the state of emergency. Under the state of emergency, we must clear the concept of the state of emergency, and some theory issues such as the necessarity for the protection of human rights and so on, then we could solve the problems that exist in practice and legislation.