Research On Fundamental Rights Of Legal Person

As a social substantive, legal person is an important right entity in the history ofconstitution system, but also an important concept and category of constitution. Itinvolves freedom of individual and the way to search for elementary welfare and blestlife, also is a logical extension of individual subjectivity. Viewing from thesubjectivity and certainty of fundamental right entity in modern constitution, legalperson’s independence is an important problem, it involves value characteristic offundamental right, especially involves value basis of how to interpret fundamentalright. From identity to personality, it reflects the general value tendency ofconstitution in the process of guarantee fundamental right, legal person’s personalityindependency lays solid foundations of making one to become an independentfundamental right entity. This thesis takes legal person as research subject,fundamental right of legal person as argument focal point, tries to search theoreticalsource and practice support for the construction and protection of legal personfundamental right system. Therefore, the thesis mainly contains five chapters.The first chapter mainly begins from the basic concept of legal person, takes theordinary theoretical problems of legal person as the starting point, and investigates thesource of the concept of legal person, basic theoretical problems about the essence,functions and classification of legal person in different sections. Then, the essence oflegal person involves independency personality of legal person, which is thetheoretical foundation of legal person being one of the fundamental right subjectivity.After clarifying these basic concepts of legal person and fundamental right, the keypoint this chapter lays on investigating the legitimacy source and right attribute oflegal person fundamental right, which is the core problem and theoretical difficulty ofthis thesis, also paving the way for extending the latter thesis to discuss legal personelementary system.The second chapter is the comparative study of institutional regulations of legalperson fundamental right. Through the combination of text interpretation and casestudy, this thesis analyses the status of the rule of law practice about the legal personfundamental right system in different genealogy of law, in different country, toprovide reference for the construction of legal person fundamental right system inChina. On the one hand, this thesis selects representative nations among common lawsystem and continental law system country, such as America, England, Germany and Japan. On the other hand, it takes a comparative study of regional area, in theperspective of the European Union and The Americas, both the Taiwan region ofChina’s legal rights system paradigm, to a certain extent for our legal person’sfundamental rights system research in the theory and practice of error elimination.The third chapter discusses the fundamental rights of specific types to legalperson. Mainly to companies, universities, religious organizations, internationalorganizations and other typical subject as carrier, through the analysis of differenttypes of legal person, to provide practical support for the protection system of legalperson’s fundamental rights, thereby identifying the legal person as the basic subject.Furthermore, in common level they have fundamental rights in equally. On thepersonality dimensions, different types of legal persons have specific rights, with thepurpose and function of inseparable.The fourth chapter is the general construction of legal person’s fundamental rightssystem. Mainly from the general sense of the legal person’s fundamental rights system.From the aspect of value, freedom, democracy and order and legal person’sfundamental rights complement each other, the method of general value in the legalperson’s fundamental rights system is especially prominent. From the model, the legalperson’s fundamental rights system in accordance with the different significance andlayer is divided into specific types of fundamental rights. At the same time, to legalrights model effectiveness and boundary as the goal, in order to multi-angle interpretthe rationality and feasibility of the legal person’s fundamental rights systemconstruction.The fifth chapter is in China’s context of legal person’s fundamental rights systemconstruction and protection. Here is argumentation from the several front chapters, theauthor trying to be legal fundamental right system of China to solve the legalprotection to the preliminary attempt. Through the current constitutional text for thefundamental rights of the theoretical basis for legal person, to reflect the fundamentalrights protection in our country the lack of legal person. And then to explorefundamental rights protection of Chinese legal person mode of legal systemconstruction in China within the legal person of the system of basic right path makestheoretical reserves.