Martial law what is it

Article 4 During the period of the enforcement of the martial law, with a view to ensuring the enforcement of the martial law, maintaining the social public order, the state may formulate according to the present Law special provisions of the district under martial law regarding the exercise of citizens' rights and freedom provided for by the Constitution and the law. Article 5 The people's governments of the district under martial law shall according to the present Law adopt necessary measures to restore normal social order as soon as possible, safeguard the personal and property safety of the people and ensure the supply of life necessities.

Article 6 All organizations and individuals of the district under martial law shall rigorously abide by the order of the martial law and the prescriptions for the enforcement of the martial law and actively assist the people's government in restoring normal social order.

Article 7 The state shall adopt effective measures to protect from infringement the legitimate rights and interests of the organizations or individuals who abide by or implement the prescriptions of the order of the martial law.

Article 8 The tasks for the enforcement of the martial law shall be fulfilled by the people's police and armed people's police and, where necessary, the State Council may propose to the Central Military Commission for decision that the people's liberation army be dispatched for assisting to enforce the martial law.

Chapter II Enforcement of the Martial Law Article 9 The enforcement of the martial law over the whole country or in particular province, autonomous region or municipality directly under the central government shall be organized by the State Council. The enforcement of the martial law in certain district of a province, autonomous region or municipality directly under the central government shall be organized by the people's government of the province, autonomous region or municipality directly under the central government, or, when necessary, directly by the State Council.

The agency organizing the enforcement of the martial law is referred to as the martial law enforcement organ. Article 10 The martial law enforcement organ shall establish a martial law commanding body, which shall command and coordinate concerned departments to fulfill tasks for enforcement of the martial law, uniformly make arrangements and adopt measures for the enforcement of the martial law.

The people's liberation army undertaking the martial law tasks shall, subject to the uniform arrangements of the martial law commanding body, be commanded by the military organ designated by the Central Military Commission. Article 11 The order of the martial law shall specify the area scope under the martial law, the starting and ending time and the enforcement organ etc.

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Log in Sign Up. Save Word. Essential Meaning of martial law. Full Definition of martial law. Examples of martial law in a Sentence The government has imposed martial law throughout the city to stop the riots. When martial law is declared, civilian control of some or all aspects of government operations is ceded to the military. This means that, in the case of elected governments, the representatives chosen by the voting population are no longer in power. Civilians have thus ceded control of the country in exchange for the potential restoration of order with the possibility that control may not be reclaimed in the future.

When martial law is declared, civil liberties, such as the right to free movement, free speech , or protection from unreasonable searches, can be suspended. The justice system that typically handles issues of criminal and civil law is replaced with a military justice system, such as a military tribunal.

Civilians may be arrested for violating curfews or for offenses that, in normal times, would not be considered serious enough to warrant detention. Laws relating to habeas corpus that are designed to prevent unlawful detention may also be suspended, allowing the military to detain individuals indefinitely without the possibility of recourse. Considering the negative ramifications martial law can have on a country and its citizens, declaring martial law is a last resort reserved for situations where law and order are rapidly deteriorating.

For example, in , the governor of Idaho instituted martial law after a group of rebellious mine workers blew up a mill, which leveled a four-story building and killed several people.

Typically, the power to declare martial law rests with the president. For example, a president may be authorized to declare martial law during a time of violent civil unrest, but only for 60 days.

International laws may also limit the scope and duration of martial law if a country has signed onto a multilateral treaty. The use of martial law in the wake of natural disasters is less common. Rather than declaring martial law and hand over power to the military in the case of a hurricane or earthquake, governments are much more likely to declare a state of emergency.

When a state of emergency is declared, the government may expand its powers or limit the rights of its citizens. The government does not, however, have to hand power over to its military. Federal courts generally won't second-guess whether a state governor's declaration of martial law is necessary, but they will review whether state actions taken under martial law are constitutional.

Rather than resort to martial law, most states rely on emergency or police powers to protect public safety and quell civil unrest. Under martial law, military leaders assume executive, legislative, and judicial powers.

When martial law is in effect, military leaders might:. Civilians who commit crimes or violate military orders face military tribunals if civilian courts are unavailable. Government officials can invoke martial law under limited circumstances, but checks and balances remain. Contact a lawyer if you have questions about your rights under martial law. If you are facing criminal charges, you should speak with a criminal defense attorney.

If you want to know whether you have a viable claim against the government for a violation of your rights, consider consulting a civil rights attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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