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On The Right Of Association

Posted on:2011-02-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:G F WangFull Text:PDF
GTID:1116360305453757Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Association is the most connected individual bond under specific relationship between the formation of a common value of the behavior of social groups. Formed by the association behavior of groups, including voluntary groups and mandatory groups. The Voluntary group is formed according to individual wishes and requirements . Means clustering process of the individual to choose. Voluntary groups have been formed out of individual bonds congenital mandatory restraints. Means that individuals can consciously and with people willing to joint. Association with social groups, relationships of commonality and the value, structure, stability, continuity and co-principal of the complex and other characters. Freedom of association from a mandatory association to reflect the strengthening of individual independence and self-consciousness. Freedom of association means that according to the will of individuals to form voluntary groups of independent choice free from coercion. Bond linking the individual to choose and freely decide what they want ownership of the group. Freedom of association through the legalization of the system Theoretical study history, to grasp the right of association formation and development of ideological and institutional continuity and mobility. Presents a comprehensive right of association to the universal human rights from privileges, from the natural right to the constitutional rights of the historical context.The right of association is a voluntary association of free individuals from the system and other enforcement and the rights guaranteed by the State. The right of association as a human rights system is a set of rights by the rule system pose a complex set of rights, or rights. Including group formation, autonomy, membership, to choose the right of association and the right to judicial relief. These rights protect the individual from the whole joint free from the voluntary system and others mandatory. From others and the system in the sense of mandatory right of association with the negative nature of the right. Citizenship and political participation in a sense, the right to the right of association with the first generation of human nature. Based on the theory of human rights in liberal nature of the rights with individual. The right of association also has to be natural and moral rights and legal rights of the double positive attribute of human rights. The right of association and expression, freedom of religion mutual support between the dependent and in the protection of dignity of the indivisibility.The right of association with the realization of identity self-identity, practice the virtues of a free society, reflects the diversity reflects the good and the value of the concept of the good life, to meet the diverse needs of and comprehensive development of individual freedom in the individual areas of life. Civil association is to maintain the viability of society and the integration of people into public life of the bridge. The right of association with the promotion of democracy, construction of the rule of law, the maintenance of the separation of powers, social self-promotion and modern society in promoting public governance in the socio-political field. The right of association among people to be able to avoid separation and the consequences of social disintegration, and makes people more fully participate and integrate into the community in public life.Positive rights as the right of association is not absolute unrestricted freedom. Allowed under the basic rights, universal morality and the moral grounds of public interest to limit freedom of association. Reservations should be based on the principles of law, the principle of Purpose, legal interest the principle of proportionality, least against the principles and principles of judicial review to limit the right of association. Limit the cost of the right of association to protect their interests can not be large. China's protection of the right of association exists in reality imperfect law system of the right of association, association management system is unreasonable, civic association and lack of independence, community self-government functions are not sufficient, the association has been established on the lack of effective supervision and violation of the right of association without effective judicial remedy and so on. Comparative analysis of other countries through the legal system of the right of association,Chinese law should be strict change management and control of civic associations oriented spirit of the legislation. In China, freedom of association law elements should be clearly the right of association, changing community management, improve tax benefits system and the community supervision system. China should protect and encourage the citizens in the spirit of freedom of association under the protection of human rights principles and the construction to conform to modern ideas of freedom of association rights of the rule of law system and legal security system.
Keywords/Search Tags:Association, Voluntary groups, Freedom of association, The right of association
PDF Full Text Request
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