紧急权行使的法治思维探析

The Thinking of Rule of Law in the Exercise of Emergency Power

行政机关自觉运用法治思维行使紧急权是紧急状态法治化的内涵,亦是我国法治政府建设和推进国家安全法治建设的重要内容。运用法治思维有助于真正实现紧急权的价值功能,有助于约束紧急权的行使和保护公民权利。在紧急权行使中运用法治思维就是在采取紧急措施限制公民权利时,应综合运用紧急性思维、必要性思维、平等思维、核心基本权利不可克减思维、信息公开思维等进行分析判断。因此,完善紧急状态法制是指导紧急权行使的法治思维形成的基础,加强对应急法治知识的学习和实践是指导紧急权行使的法治思维形成的必要条件。

It is the connotation of legalization of the state of emergency that administrative agencies use the thinking of rule of law consciously in the exercise of emergency power,which is also important for the construction of Chinese government under law and promoting the national security law construction.Using the thinking of rule of law is helpful for truly realizing the value function of emergency power,and also for the exercise of emergency power and protecting civil rights.To use the thinking of rule of law in the exercise of emergency power means that we should comprehensively use these following thinking patterns to analyze and judge when urgent measures are used to restrict civil rights： the emergency thinking,the necessity thinking,the equal thinklng,the ＂non-derogation of the core basic rights＂ thinking,the information opening thinking,etc.Therefore,te perfect the legal system of state of emergency is the foundation of the formation of the thinking of rule of law in the exercise of emergency power,te strengthen the study and practice the knowledge of emergency rule of law is the necessary condition of the formation of the thinking of rule of law in the exercise of emergency power.