On The Right Of Association And Its Restriction

Association is a fundamental human way of life, but also is an instinct social behavior of human. Association could meet people's basic need; change the combination of people and the social structure. The development of civil society and the final form of constitutional is based on the fully protection of the right of association. The right of association has the rich connotation and extension and the unique legal status. The right of association has very important research significance.In order to form a common purpose, people organized a certain social organizations. The result is establishing certain form of social organization. Civil, organization and voluntary is its basic features. The right of association refers to individual citizens establish some form of social organizations in order to meet their own needs. Content of the right of association, including individual citizens have the freedom of join and not to join an organization, develop the articles of association, decided the internal affairs of the organization. Its essence is achieved and maintains their own rights in the form of the organization. Association lads to the formation of public sphere changed the social combination form and the relationships of human beings fundamentally.The function and significance of the right of association is reflected in two aspects. First of all, individual life. Association is the basic form of social ties in modern society. Social organization can form a personal sense of cooperation, equality, safeguarding the rights of individual achievement and satisfaction, and enhance the presence of social capital. If having no right of association, it will lose the effective protection about individual rights. The right of association coulee meets people's intrinsic motivation and sense of altruism, form the spirit of tolerance and solidarity, and promote social development. Secondly, in terms of social and political significance. Association embodies the essential characteristics of democracy and freedom. Association promoted the orderly participation in social life, rational participation in social political; promote the democratization of social life. The right of association can promote the government's public services. Association will also help build the rule of law. Today's society, society is built on the community and other non-governmental organizations on broad participation in governance. Restrictions on the right of association is a very important issue, including the purpose of the association, activities, tools, community values and political ideas of legitimacy. Limited constitutional right of association must safe and necessary. Neither limits the legitimate exercise, but not to limit the right of association were essentially abolished. Restrictions the right of association is divided into internal constraints and external constraints, from three angles--main body, procedure, legal personality. Not only concerned about the legal status of associations, registered associations, community activities, but also concern about the internal affairs of openness and democracy. In association management, whether to adopt a comprehensive integrated management model or industry management, societies should be carried out under the framework of the constitution activities which should be consistent with the concept of democratic countries.At present, China has many problems to be solved in protection of the right of association. For example, legislative intent is not clearly, community management system is unreasonable and so on. Under the guidance of protect and encourage the freedom and the spirit of association, we should solve the current problems about legislative and management, building the legal system for China's specific national conditions from the legal system, legal regulation of the object, the system of establishment of society, the content of the right of association and other angles.