The Rule Of Law And The Freedom Of Association

As an instinct social behavior, association has been a basic way of existence ever since the early age of human history. In the course of social development, association is certain to be rated from a social behavior to a legal right, which suggests that the legislation of the freedom of association is an inevitable trend of social development. What's more, the deep effect of such freedom on social structure constitutes the new social conditions in which legal development can flow.The relationship between the freedom of association and the rule of law is embodied in four aspects, namely the concept, the value, the system and the operative mechanism in society.During the construction and development of the idea of the association in western countries, a new institution has been gradually evolved; in which the association serves as an oriatating mechanism and individual benefit and social benefit are integrated into each other.Through the regulation and restriction of state power, protection of civil rights, and the safeguard of democracy, the freedom of association, as far as value is concerned, become a strong support for the practical operation of the rule of law.With regard to the legal construction of the freedom of association in various countries, the legal institution of the freedom of association consists in the distribution and restriction of rights.Which the deepening of the reforms and open-doorism in China, the revival of association has its historical inevitability, however, some problems have arisen in the practical world concerning this phenomenon, which required the re-constructed and improvement of the order of the association with the concept and the practical system of the rule of law as the core.