New legislation based on last month's amendment of the 1982 Constitution should carefully balance government power and individual rights, legal experts say. The clause in which "states of emergency" replaced "martial law" will require additional legislation.
"Emergency" usually refers to an unforeseen combination of circumstances or the resulting state that calls for immediate action to maintain public order and ensure the safety of people's lives and property.
However, extraordinary measures in such situations usually involve varying restrictions on citizens' rights and freedoms.
The Constitution says the Standing Committee of the National People's Congress (NPC), the country's top legislative body, has the power to declare a state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities that fall directly under the auspices of the central government. Any such action must be in accordance with the provisions of law.
After that decision is made, the President of the People's Republic of China may proclaim the state of emergency.
"Legislation on the state of emergency is vital because survival and security are the primary need for and top interests of a country, society and individuals," said Yu An, a professor of administrative law with the School of Public Policy and Management, Tsinghua University.
Yang Haikun, a law professor from Suzhou University, said the legislation would serve as the last resort to safeguard national interests and protect human rights during emergencies.
Liu Hainian, a professor of law with the Chinese Academy of Social Sciences, said development should be taken into consideration when writing such a law. He believes hearings should be held before the country proclaims a state of emergency to avoid unnecessary losses and inappropriate restrictions on individuals' rights.
The Legislative Affairs Office under the State Council has delegated the task of drafting the bill to a group of professors at Tsinghua University. Yu is one of the leading scholars in this group.
Yu and his colleagues have drafted the bill and started to solicit public opinion prior to submitting it to the Legislative Affairs Office of the State Council for further review this month.
Yu said the draft sets upper limits both for state power and basic citizens' rights, forcing the government to take rational and restricted measures during emergencies.
A seminar to discuss improvements to the draft was held over the weekend at Tsinghua University.
If approved by the State Council, the draft bill will go to the Standing Committee of the 10th NPC for a preliminary review in December, according to the committee's legislative agenda this year.
(China Daily April 5, 2004)
