 Wysłany: Pon 17:58, 25 Kwi 2011 Temat postu: nike high heels China's state of emergency legisla |
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| China's state of emergency situation and characteristics of the legislation
[Abstract] This paper focuses on the legislation of the current state of emergency status, content, and features a more comprehensive analysis of the rule of law in the state of emergency with foreign legal systems based on the experience of building, proposed to unify the law of the state of emergency system, in particular the state of emergency should be to develop a unified method to replace the current decentralized state legislation, in addition,mbt laarzen, it should be a unified emergency response agencies during a state of emergency to ensure the Government can exercise their executive emergency powers to prevent the constitutional and legal rights of citizens because a state of emergency and emergency powers by the government unnecessary infringement. First,mbt schoenen, the Chinese legal system, state of emergency our current state of emergency legislation scattered, not like the Turkish Constitution as classified by the state of emergency to provide for different emergency measures and emergency legal system, did not like the former Soviet Union through a unified Such as the former Soviet Union, March 14, 1990 through the the safety of Soviet citizens, the Constitution and the laws according to the Soviet Union announced the temporary measures. The state of emergency law, either because of natural disasters or man-made state of emergency, the declaration of a state of emergency, the State authority and administrative authority in the case of a state of emergency, as the case may take the following measures: (1) enhancing the maintenance of social order and strengthen the protection of the living and the role of national emergency from the protection of facilities; (2) the temporary residence of citizens from dangerous areas to move out, and be sure to provide the residents with fixed or temporary alternative accommodation; (3) implementation citizens access to a special system; (4) prohibition of certain citizens to leave within the prescribed time limit somewhere in their homes (home), forcing the destruction of non-state residents moving to the social order are at their own expense or fixed place of residence move out of the area declared a state of emergency; (5) citizens of the temporary confiscation of firearms and cold weapons and ammunition, but also confiscation of enterprises, institutions and organizations, the training of military technology and equipment, explosives, radioactive substances and materials, potent chemicals and drugs; (6) prohibits the holding of rallies, mass meetings, parades and demonstrations and performances, sports competitions and other public activities; (7) changes in enterprises and organizations of production and product supply plans, require enterprises, institutions and organizations of the special working system, and to determine other issues of their economic activities; (  appoint and dismiss the enterprises, institutions and organizations, the leaders of the duties of employees against dismissal without authorization, except there are legitimate reasons; (9) the use of enterprises, institutions and organizations resources to prevent and eliminate the consequences of emergency situations; (10) to prohibit a strike; (11) absorb able-bodied citizens to participate in enterprises, institutions and organizations work and the elimination of the consequences of emergency situations, to ensure labor safety; (12) restrict or prohibit the sale of weapons, potent chemicals and drugs and alcohol and alcoholic substances; (13) to implement quarantine and other necessary health and epidemic prevention measures; (14) limit and prohibit the use of photocopiers and radio and television broadcasting equipment, audio-visual and video equipment, public address equipment confiscated, the establishment of mass media monitoring; (15) Special provisions for the implementation of the use of communication; (16) limit the exercise and inspection of transport vehicles; (17) curfew; (1 suspension impede the normalization of the situation of the various political parties, social organizations, mass movements, the activities of amateur groups of citizens; (19), the law does not prohibit the establishment of the Soviet armed forces of the citizens and their activities; (20) civic gathering place for checking a large number of documents Check the documents, and in necessary occasions, informed citizens to bear arms in the case of a personal check, check the goods and means of transport. These emergency measures, or state agencies during a state of emergency is the emergency powers enjoyed by the state of emergency for all concerned, and as the situation is different, you can take the appropriate measures. Such a state of emergency is not only a more unified form, content and more unified legal system, both for the government to exercise emergency powers during a state of emergency, but also to facilitate public understanding of government in the end have a state of emergency during which emergency powers, which shall perform its own legal obligations; both to the government, a clear legal basis, but also facilitate the public on the emergency measures taken by the Government a clear and effective oversight, help maintain the unity and dignity of the rule of law. Another example is From a legal point of view, a state of war is also a state of emergency, but more than the average urgent emergency situation, the destruction of a larger social system, people's lives and property are more serious threat. Based on the different nature of the state of emergency in order to take different emergency measures, Article 119 of the Constitution provides that: In the event of natural disasters, infectious diseases or risk serious economic crisis situations,nike high heels, the Cabinet convened by the auspices of President, may declare the country of one or more of the area, or throughout the country to not more than 6 months of emergency. The other is the spread of the violence and public order was severely damaged state of emergency. convened under the auspices of the President, in consultation with the views of the National Security Council, have announced that one or more countries in the region, or throughout the country to no more than 6 months of the state of emergency. rights and freedoms, and how to take and in what way to take the necessary emergency measures,mbt schoenen online kopen, what powers should be granted to government officials, officials of the status of what should be amended and the management of emergency order, and the above-mentioned provisions of the various emergency The scope of the state, respectively, by the state of emergency law. The state of war, large-scale violence,belstaff bolsas, or the outbreak of war, war, crisis, riots, against the motherland and the Republic of armed rebellion or from internal or external threats to national and ethnic integrity of large-scale violence, etc., the Cabinet convened under the auspices of the President by seek the views of the National Commission, was announced in one or more countries of the region or the country of less than 6 months of martial law. Regarding martial law, mobilization and war under the applicable rules and how to deal with affairs, relations with the administration, how to limit or suspend the exercise of freedom, citizens in a state of war or crisis approach of war's obligations under the circumstances, by law. According to the above provisions, it is easy to see, like martial law, mobilization and other emergency measures under the general state of emergency can not be used by the government, according to the Constitution, only in a state of war, the government can only be based on the relevant provisions of the Constitution and declared martial law legal and issues mobilization orders. Emergency legislation currently in our system is not uniform, and in theory also weak. Specializing in state of emergency, little academic work, therefore, the status of our description of the legal system a state of emergency also not mature enough. According to our Constitution, laws, administrative regulations and other provisions, I believe that the legal system of the present state of emergency by the following aspects of the major legal systems pose: (a) a state of war law about the state of war, as early as 1954 in respect of the provisions of the Constitution, the NPC decides on war and peace; National People's Congress Standing Committee of the National People's Congress in session, if you encounter an armed attack on the State or to fulfill international common defense against aggression treaty, the decision to announce a state of war, the National People's Congress Standing Committee to decide on general mobilization or partial mobilization; Chinese President declared a state of war, issues mobilization orders. 1975 Constitution abolished the 1954 Constitution, the measures of war against the emergency regulations, that is, the Constitution does not expressly identified in 1975, who declared a state of war, decides on war and peace, but also does not provide for mobilization . Related to this is that the Constitution of 1975 established the Chairman of the Central Committee of Communist Party of China's armed forces command of the national system, while providing the PLA and the militia is the army of workers and peasants led by the CPC, is the armed forces of all ethnic groups; People's Liberation Army is always a fighting force, is also the team, but also the production team. 1978 Constitution on the war and simply restored several provisions of the 1954 Constitution, the provisions of
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