The right to life and health is the most basic right of citizens and the basis for citizens to enjoy other rights. If citizens' right to life and health is not guaranteed by the state, we can conclude that this country is definitely not a country ruled by law. Even if the constitution and laws of this country stipulate that citizens can be deprived of their right to life and health at will, according to the meaning of the title of modern country ruled by law, the laws enacted by a country violate basic human rights and trample on citizens' life and health at will. What is such a law? Evil law? Citizens can resist such laws. Otherwise, the social unrest and damage caused by this kind of law is far greater than the damage suffered by the country in a general emergency. As early as Hitler's time, some such laws were promulgated, which greatly belittled the Jews and even stipulated that they could be directly deprived of their lives, which brought a fatal blow to the Jews. A large number of Jews died under Hitler's butcher's knife, which caused a genocide tragedy that shocked the world. In order to prevent this tragedy from happening again, we must put respect for people's right to life and health in the most fundamental position. So, in? Emergency law? First of all, we should protect citizens' right to life and health, regard this right as an irreducible right of citizens, and make citizens' right to life and health sacred and inviolable, unless it is deprived according to the provisions of good laws and legal procedures.
(2) the right to equality
Paragraph 2 of Article 33 of our Constitution stipulates that the people and citizens of China are equal before the law? At the same time, our country stipulates in Article 34 of the Constitution that China people and citizens who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence. ? This article is a supplement to the right to equality stipulated in the second paragraph of Article 33 of our Constitution. General foreign laws also have clear provisions, as mentioned above? Russian Federation emergency law? sequence
Article 28, paragraph 2, specifically stipulates that a state of emergency shall not cause discrimination against individuals or residents, especially gender, race, nationality, language, publication, religious attitude, beliefs, membership of social groups and other circumstances. ? The country's code clearly stipulates that citizens' equal rights cannot be diminished. Actually as early as? American declaration of independence? And then what? A declaration of human rights? Is the middle clear? All men are created equal? It is not only the weapon of capitalism against feudalism, but also the foundation of the basic values of capitalism. Almost all capitalist countries have written the right to equality into their constitutions. Therefore, the right to equality is also an important part of basic human rights, and even in a state of emergency, this right cannot be derogated.
(3) the right to personal dignity
Article 38 of China's Constitution stipulates that the personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way. ? This is a summary? Cultural Revolution? Painful historical lessons and reference to foreign constitutional experience.
Regulations are of great significance. [8]
Cultural Revolution? Historical tragedies cannot be repeated in China. In foreign countries, ordinary scholars regard personal dignity as human beings.
A most basic principle of rights, it cannot be arbitrarily deprived or transferred. Personal dignity is a right enjoyed by human beings, which is different from other species. Once a person's personal dignity is lost, other rights will be out of the question. Therefore, human dignity should also be included in the scope of non-derogable rights.
(4) the right of judicial relief
Although in a state of emergency, the court will be restricted in exercising its power relief function, in common law countries, the court's judicial review power is also greatly restricted. However, the exercise of administrative emergency power will inevitably violate the rights of citizens. In a complete legal system of crisis management, the relief system is still indispensable, because judicial relief is final. If citizens are deprived of this right, the government can do whatever it wants when exercising administrative emergency power. 1955? French emergency law? Provisions: After the Council of Ministers declares a state of emergency in one or several regions, the Minister of the Interior and the Governor can take measures to restrict citizens' rights, but citizens can still get relief through reconsideration and litigation. The court may revoke the administrative emergency measures taken by the administrative organ, or make a ruling within the prescribed time limit to make the emergency measures invalid.
Citizens' rights to life and health, equality, personal dignity and judicial relief are important contents of citizens' non-derogable rights. When the state formulates the emergency law, it must pay attention to protecting these rights of citizens from infringement by administrative organs. It is worth mentioning that the rights listed above are only part of the basic rights that citizens cannot derogate from. The state should stipulate the basic rights that citizens cannot derogate from from the perspective of protecting basic human rights.