The Freedom Of Association

Association is one of basic survival ways of human kind, and also one of instinct social behavior of human kind. The freedom of association is the premise of the development of civil society, and the foundation on which constitutionalism finally forms. The freedom of association is of ample connotation and extension, and the unique legal status. Therefore, from the constitutional study angle, the freedom of association is of extremely important significance in research.Firstly, freedom of association refers to the freedom of citizens to form formal organizations and engage in some kind of social activities in the purpose of achieving a common goal. The freedom of association is a special political right, which is of the nature of both public right and private right. The connotation of the freedom of association system is rich, covering freedom of association, individual freedom, collective freedom and so on. The freedom of association is regarded as an essential constitutional right, based on theories of liberalism, democratic social ethics, corporatism and utilitarianism. On the other hand, it is necessary to systematically analyze the freedom of association system, as it is an important basic right, involving the relationship between individuals, social organizations and the nation and containing many rights shapes. These right shapes are systematic, thus incomplete lacking of any. To safeguard the freedom of association, it must act in an all-round way.Secondly, it is necessary to have a clear understanding to the evolutionary history of the freedom of association. The concept of freedom of association originated in ancient Greek and the ancient Roman time, and the spirit of self-autonomy and concept of association were gradually accepted by people in the winding struggling process during the Medieval times,. After entering the modern society, the freedom of association becomes the important part in the study of Constitution, displaying the important social function.Thirdly, how to safeguard and limit the freedom of association is a very important problem to the freedom of association. Due to its unique dual characteristic in structure, both including individual freedom and collective freedom, freedom of association can only execute its communication and auxiliary functions, not only being safeguarded, but also being limited. Finally, the author analyzed the current situation of association in China in the new times and explored its future prospects, on the basis of which, some views and ideas concerning freedom of association in China have been offered.