紧急状态下公民权利克减的法治化保障

Rule of Law Guarantees for Derogation of Civil Rights in States of Emergency

摘要: 权利克减作为紧急状态制度的核心，是公民的基本权利在整个社会利益前做出的重大让步，是国家治理能力和治理体系现代化的重要组成部分。但是当前我国在公民权利克减方面仍存在众多问题，譬如适用情形不明、权利克减程序及救济制度不完善等。而制定《紧急状态法》业已成为回应对紧急权力的功能期待，依法应对权利克减的法律风险的有效途径。

Abstract: As the core of the emergency system, derogation of rights is a major concession of citizens’ basic rights in front of the interests of the whole society, and is an important part of the modernization of national governance capacity and system. However, there are still many problems in the derogation of citizens’ rights in China, such as unclear circumstances of application, imperfect procedures of derogation and relief system. The enactment of the Emergency Law has become an effective way to respond to the expectation of emergency powers and the legal risk of derogation in accordance with the law.