Study On The Perfection Of The Freedom Of Association Under Legal Protection

After the Second World War, a lot of country's constitution states apparently that the freedom of association is people's fundamental right. In our country the first temporary constitution and the after four constitutions have stated that our country's citizens have the freedom of association. Now our country is in the social transformation, modern society's structure needs the existence and development of various corporations. Now the freedom of association and corporation legislation must be paid more attention in the society's development.The freedom of association is a freedom for citizens who can found a organization, take part in a organization or not, make the organization's regulation, decide the inside affairs of the organization. On the right's attribute, the freedom of association is a kind of freedom of expression, a kind of political nature right and a kind or inactive right. The freedom of association is important to the realization of constitutionalism. It is the right foundation of citizen society. It can help the citizen's other rights come true. It is the right implement to the realization of the democratic politics.In our country, the freedom of association has not been protected very well, and the development of the corporation is very hard. The current situations of the corporation management and corporation legislation don't fit in the development of the corporation and can not protect the citizen's freedom of association. Of course there are deep history and reality reasons to this consequence.There is no absolute right. So is the freedom of association. Clearing the limiting line of the freedom of association firstly is important to its protection. Secondly guiding ideology needs to be turned from the"country's orientation"to the"society's orientation". Thirdly"right protecting","necessary interfering","apparent and real danger"should be set up as the legislation principles. Lastly in order to perfect the corporation legislation, our country needs make basic corporation law, special corporation law and other relevant law.