On the Unity and Opposites between National Emergency Power and Private Rights from the Perspective of Interest Attribute
In order to protect the public interest to the greatest extent,the scope of the public power represented by the gov-ernment is supposed to be expanded and the private rights are supposed to be relatively diminished when the conventional legal system cannot cope with the emergency crisis that threatens the existence of a nation,which is essentially the logical result of the condition of national emergency and the exercise of national emergency power.Power and right are a pair of core categories of ju-risprudence research,and they are also the ontological pillars that ensure emergency crisis governance is carried out orderly on the track of rule of law.All the social relations and social problems associated with crisis governance under the state of national emer-gency are actually centered around the relationship between power and right.This research can not only respond to the public's concern about the boundary between public power and private rights,but also solve many social problems on the basis of the rule of law,and enrich the overall understanding and refined consideration of the research theme,providing clear and effective innova-tive ideas for future related research.
intereststate of national emergencynational emergency powerprivate rights
万方数据
维普
