The Theoretical Mode Of Rights Of Association

In the introduction of this paper, the author did one brief summary to rights of association firstly, and made demonstration and analysis to peculiar constitutional value that rights of association had. On this basis, the author brought forward the original intention of writing this proposition"The Theoretical Mode of Rights of Association"——since peculiar political system of our country, economic situation, tradition cognition and legislation about the rights of association are not perfect, the rights of association can not bring the constitutional value that a person should have into playing in our country. The author set off from the angel of jurisprudence, try to improve rights of association legislation and to change the public consciousness about rights of association from the tradition to the modern. By this two kinds of approach, the author try to changes the difficult position that rights of association carry out in the actual life.In the first chapter, the author analyzed one of the theoretical mode of rights of association——the civil society theory. Part I, the author has been expounded and proven though the civil society theory initiators have all adopt"civil society", we should know that they used the same concept, but the theory frames contain diversity under identical terms among them. As a result, the author thought that only the civil society theory of Lockean can be applied to the theoretical mode of rights of association today. Part II, the author proceeded from Chinese actual conditions, and suggested that the civil society theory of Lockean can not be applied to our country. Cause follows: firstly, Chinese society does not grow into western civil society on significance, and in Chinese present stage civil society is a mature embryo but not developing completely. Secondly, the contradiction and conflict that exist between the country and society in western society do not exist in our country. On the contrary, the author regarded as if we emphasize the dimidiation that exists between the country and society in our country strictly, maybe mislead public, even initiate unstable danger of society. Finally, setting off from our country tradition, the Civil Society theory does not be applied to our country. Can know from all above analysis, the author thought that the civil society theory is not suitable to the theoretical mode of rights of association in our country.In the second chapter the author analyzed the right of association theoretical model——the third sector theory. The first part is a brief overview of the theory, the author explained from the two paths, The first is to create the third sector theory as cultural community, which include Gramsci, Habermas, Levitt,Gordon White. The second is to maintain privacy and the self-defined theoretical perspective, with the market developping, to better protect their privacy, in the public rights and privacy marginal, produced a splintered from privacy but counterproductive in the privacy community autonomy——self-organization. The second part pointed out that the third sector is the real theory from the civil society theory. To prevent the civil society theory encountered difficulties, the third sector is a cultural field. That the third sector can avoid more stringent control by the government, so community organizations will have a more relaxed environment for the development. However, the author believed that such a distinction did not remove the political community and the non-profit sector in a certain degree of confrontation. In contemporary China, mass organizations would not have been able to become a true sense of the third sector, therefore, to the third sector theoretical model analysis and appraisal of the right of association, the legitimacy of social groups, the legitimacy of the rights of association, the author did not agree with the the third sector theory.The third chapter of my analysis is the corporatism theory model. The first part briefly summarized the corporatism theory. The second part, the author summarized who agreed to the corporatism theory model for our association, they thought our society is not only a product of the market mechanism, but also the result of government policy. Specific conditions in China, societies and countries formed a"total ecosystem"in the background, and China should adopt the corporatism theory, step-by-step implementation of the strategy. However, we did not agree with such views. The administrative management of our society have caused a serious impaction and led to the abnormal development of Chinese social organizations. The corporatism theory has been fully developed theory for the social groups in the West, there are reasonable, but for the ongoing development of civil society, such theories, will only make the already weak social groups more stringent control by the government and lose its own development, civil society unable to continue normal society will become a viable embryo. In sum, we did not agree on the theory of the corporatism theory for our contemporary society.The forth chapter is the social capital theory model. Part the author briefly described the theoretical core of the social capital theory. We thought this theory can include all kinds of societies which are included in the study of vision. Societies will also be defined as a social space. In this space, to be formal or informal members of groups to bring the individual closely linked. So, this is only my personal sense of the association to seek a means to better achieve their personal interests. The second part, we thought the reality of Chinese society from the social capital theory is not only the individual can better protect their interests. More importantly, the social capital theory can correct our legislation on the right of association.In sum, the author believed that the most suitable for the right of association is the social capital theory, in the current status of the association. The right of association is a means of enhancing social capital. No such a fierce confrontation between the state and civil society, without the embarrassment that the third sector is not independent, no state control of social groups under corporatism, exercise of the right to rights of association should be in the healthy conditions. Therefore, we should take the social capital theory, the right of association model to guide the development of our society.