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一个社会对危机的处理是其法治程度的试金石。在危机时期公共权力急剧膨胀,人民权利受到各种各样限制甚至剥夺,权力与权利的冲突扩大。如何保证政府有充足权力处置危机,保证政府法治本质不因危机而变色,正是本文之初衷。本文在借鉴国外处置危机成熟法制经验的基础上,论述了我国制定紧急状态法的必要性,并对我国紧急状态法的法律体系、内容进行了初步构思。
The handling of a crisis by a society is the litmus test of the extent of the rule of law. During the crisis, public power expanded rapidly, people’s rights were subject to various restrictions or even deprivations, and conflicts between power and rights expanded. How to ensure that the government has sufficient power to handle the crisis and ensure that the essence of the government rule of law does not change color due to the crisis is precisely the original intention of this article. Based on the experience of mature legal system in dealing with crisis in foreign countries, this paper expounds the necessity of making emergency law in our country and preliminarily constructs the legal system and content of our emergency law.