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在紧急状态下如何有效的保障公民基本权利是宪法学中的重要理论问题,也是国家不容推却的责任。但紧急状态的实施情况事实上表明了人权保障同维护国家生存之间的严重冲突,国家为了应对紧急状况而侵犯个人权利具有充分的正当性,可以对公民基本权利施以必要的限制,但对此限制应再施加限制,以确保在宪政的框架内,对公民基本权利的侵损最小。
In an emergency, how to effectively protect the basic rights of citizens is an important theoretical issue in constitutional law and also a responsibility that the country can not shirk. However, the implementation of the state of emergency has in fact demonstrated the serious conflict between the protection of human rights and the preservation of the country. The state has full legitimacy to infringe on individual rights in response to emergencies and can impose the necessary restrictions on the basic rights of citizens. However, This restriction should be further imposed to ensure that infringement of fundamental civil rights is minimized within the constitutional framework.