“紧急状态”刍议

A DISCUSSION OF“EMEGENCY”

紧急状态作为宪法确立的一项具有强制作用的特殊的法律制度,被认为是统治阶级用来维护法律秩序和强化统治的有力的法律武器。从政治学角度看,国家元首和政府在紧急状态期间所拥有的紧急命令权是统治阶级为其在统治秩序一旦受到严重威胁时需要强化统治而预先设立的一种统治权;从法律角度看,宪法的规定是紧急命令权的主要依据。各国的宪法或法律在确认紧急命令权的同时,又对它的行使作了相应的限制。从本质上说,两者之间的相互制约和调节关系,都被严格地限制在统治阶级法制的规范内,服从和服务于统治阶级的根本利益。

'Emergency', as a special mandatory system established by the Constitution, is considered to be a powerful legal weapon used by the ruling class to maintain its legal order and strengthen its rule. Politically, the emergency-declaring right enjoyed by a government and its head during a national emergency is a ruling right pre-established by the dominating class for the reinforcement of its government when the ruling order is seriously threatened. Legally, the stipulation in the Constitution is the principal basis for the right of issuing emergency. The constitutions or laws of different countries all confirm this right. Meanwhile, they put corresponding limitations on the exercise of it. Substantially, the interaction and interadjustment of these two measures are strikingly put within the scope of the law of the governing class and they are in its favour.