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Freedom Of Association Under The Of Law Research

Posted on:2017-07-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:X LuoFull Text:PDF
GTID:1316330512950665Subject:Constitution and Administrative Law
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Citizen's right of association, also known as the citizens' freedom of association, means the citizens in a certain purpose, in accordance with legal procedures or participate in continuous or temporary freedom of social organizations, social organizations. The sense of the citizens' right of association is that individual citizens with some like-minded people to unite and form a community, overcome the power of personal helpless situation, with self-interest defy the party, government, interest groups, in order to maintain their own interests or the development and perfect personality, or to achieve some common political pursuit and ideal.Right of civil association, also known as the citizens' freedom of association, is refers to the citizens in a certain purpose, in accordance with legal procedures or participate in continuous or temporary freedom of social organizations, social organizations.The sense of the citizens' right of association is that individual citizens with some like-minded people to unite and form a community, overcome the power of personal helpless situation, with self-interest defy the party, government, interest groups, in order to maintain their own interests or the development and perfect personality, or to achieve some common political pursuit and ideal. About civil rights of association, the encountered some obvious and prominent problems, which are growing in civil rights protection consciousness, civil rights frequently violated, during the period of social transformation and the corresponding civil association right system cannot play its proper role, so far as to say that the current system of civil association can not adapt to the requirements of The Times, its system philosophy, system design, system execution obviously lags far behind the right of citizens to association.In this article, the author wants to solve civil rights need and the contradiction between the legal system of right of civil association, this article from the general theory of citizens' right of association, analyzed the nature of the right of civil association, the problems existing in the legal system of right of civil association, this part belongs to the part of question, for after paving;Then, the article investigates the Chinese and foreign citizens' right of association theory and system development, through the comparison research method, in order to solve the current problems existing in the civil rights of association and experience prepared theory;The end of the article is the part to solve the problem, this article from the limitation of the right of civil association, or any right is not unlimited, absolute, right of association is also a need to limit, but the limit is not an end, guarantee the realization of citizens'right of association is the objective;The author put forward from the aspects of hardware, software to provide environment and conditions for the realization of the right of association, hardware refers to the state and society shall provide the big environment, including national system construction, system construction as well as a variety of physical facilities, etc., software mainly refers to improve the comprehensive quality of citizens' realization of association rights.Finally, the author puts forward, to ensure the realization of the right of civil association and must be conducted from the aspects of political, legal protection, but also set up a association rights relief system.The specific architecture and content is as follows:The first chapter from the general theory of citizens' right of association, the first stroke of association, freedom of association and the right of civil association connotation and denotation, and expounds the citizens' freedom of association and the relationship between the right of civil association.The author used the academic point of view, is the same meaning, that freedom and right is the rights and freedom both concepts on many occasions can contain refers to each other.Secondly discusses the nature of the right of civil association and value. This part should be separately discussed, namely the nature of the right of civil association (right attribute) and the value of the right of civil association (function), respectively, but given the space problem, this paper will merge together.About the nature of the right of association (right attribute), the author thinks that:the right of civil association, first of all, is a kind of political rights and democratic rights, rights of association is the base of other citizens basic human rights, no rights of association, when citizen's basic human rights are violated when violations are likely to get very good security and human rights. About the value of the right of association, the author mainly from two aspects to discuss:for individual citizens, first place to find their feelings of association, develop and perfect their personality, and you can talk with some like-minded people together to realize their common interests;Association for the state and society, it is social contradictions and social conflicts and conflict, the people and the government officer people shock absorber and the pressure reducing valve, against the best in the country, the government and the masses have intense conflict, state by social organizations and citizens dialogue, rather than directly in the face of hundreds of thousands of people, through community this bridge, make communication more rational;Association is also the barrier of freedom, democracy, human rights, the association can gather public opinion and the folk force, to ensure the good operation of democratic politics and harmonious development.Finally, the author talked about the exercising civil association right, implementation, and problems existing in the system of association.Association system in China, the author thinks:(including community system) is essentially an abstract affirmation, symbolic affirmation, but in reality, in the concrete operating level is layer upon layer, therefore, leads to the limit and the present situation of the inadequate protection.The most notable is, in order to achieve political purposes, for the purpose of association for now, in the current system of association is prohibited.The second chapter examines the development history of civil association rights at home and abroad.The history of foreign civil association has been documented from ancient society, the author from the magnitude of dodd's find many citizens of Athens in the Athenian political association and the prototype of the party activity, when such activities in Athens political system, should be legal and advocated.Association activities of modern society was relatively less, this may be related with the dark rule of the church, but also can see some of Aquinas's writings on civil association activities and parties, and the rules of the British magna carta and the principle of spirit, of civil association have been mentioned. The beginning of the 17th and 18th century, the western human rights consciousness awakening, the theories about right of civil association's petitions and also gradually increased, until the American revolution and the French revolution, citizens' basic rights been confirmed by the constitution and laws, the people of western countries civil association rights calls for more and more high.In this part, the author introduced the United States, France, Germany and other countries of civil association rules and theory.The international protection of the citizens' right of association is a quite important part, because after the second world war, people rethink the fascist the bitter experience of human rights abuses, agreed that the citizens' basic human rights is not a country of a thing around the world, but on a global scale, some of the basic human rights to the domestic people, no matter domestic law or ruler, cannot by any excuse to invade, think about this part of the basic human rights should be referred to the international level, and the international community, international organizations, the United Nations have the right to supervise governments for their own protection.History of ancient society in China association focuses on not, that is only a blur.This part of the contents of the reform and opening up as the dividing line, this paper discusses mainly the reform and opening up 30 years before and after the reform and opening up 30 years of civil association and the relevant provisions of the theory.But in my opinion, whether before or after the reform, and theory development about the provisions of the civil rights of association cannot be satisfactory.The fourth chapter mainly discusses the restriction on the right of civil association.The author has always advocated the limitation on the right of civil association must be in order to better safeguard and realize citizens' freedom of association, therefore, rights restriction is to be discussed.This chapter is divided into three parts, first talk about the limits of necessity, the author thinks that:all claim rights, freedom of scholars is likely to think it is absolutely right and absolute freedom, people who put the liberal rights as "want to do", it must be some people with ulterior motives, because everyone knows, all the rights and freedoms is of relativity.In the second part, the author talk about the scope of civil association restrictions, including the limitation of the limitation of content and form, that is a part of the purpose of the association activities and objectives must be restricted or even forbidden, such as against the human, social, anti-democratic political activities for the purpose of association, it shall be prohibited;In the form of association, shall also be limited, at present all the constitution, the law and international human rights conventions only support and safeguard peace and banning violence of association of association.The third part is about the content of the "limit restrictions", that is, to the limits of right to civil association can't unlimited limit, you can limit what want to limit, only object in dangerous state of association activities, to make sure it is harmful of association, shall be restricted;There is another important principle is "the principle of law reserve", namely the limitation on the right of civil association must be prescribed by the constitution or law, other levels of legislation may not make to the limit of civil association.The fifth chapter is part of this article "problem solving", that is talked about the realization of civil association and the safeguard.The author first analyzes the right of civil association implementation encountered obstacles, for later discusses implementation of association required conditions for the stage, namely, to realize the right of association, it must first identify obstacles and overcome obstacles.Tong authority implementation barriers will talk about the concept of "disorder", "institutional barriers" and "civic consciousness", "idea obstacle" refers to the national level, macro obstacles, "civic consciousness" refers to the micro-level obstacles, both the main body of a very different nature involved.Implementation of association rights must have certain conditions, in this paper, the author points out the individual factor, social factor and system factor is the right of association of the three key elements, and the above mentioned three major obstacles to deal with.Finally talked about the security of the citizens' right of association, mainly from the political security, legal protection and relief way three aspects discussed.No political and law as guarantee, strong power cannot achieve.Originally, the relief way is also belong to the legal protection of a link, but because of its particularly important, the author separately listed in detail in this paper.
Keywords/Search Tags:Freedom of association, Legalization, Western shape, Theory and technology, China's path
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