On The Legal Merit Of Freedom Of Association

The problem of association is not unique to modern society, various chambers ofcommerce, secret societies, the literary groups and other interest groups,which formed intraditional society, also belong to the form of the association, but the association problem inthis article is freedom of association in the sense of the political and social management,namely Tocqueville’s modernity association. Tocqueville put almost all of two or moreclusters as association: marriage (the association between husband and wife), a private club,an enterprise combined with business, political parties, the township, nation/state, and eventhe human race’s association.This paper is primarily concerned with analysis of the legal merit of freedom ofassociation, and focuses not only on to promote the realization of three value of the order,freedom, interest, also can rise to social integration and reshaping the role of citizen moralwhile the citizens to exercise the right of association at the same time. Finally, furtherelaborate the significance of guaranteeing the freedom of association to legal society. In thispaper, by using the historical research and literature research methods, opens on the discussedassociation problem in the theory and the practice significance and perspectives, sharplypointed out that at present our country decentralizing to the social organization is the problemconsciousness in this social management innovation background;then analyzed thesignificance, effection, history and concept of the association, and focused on the theoreticalrelations of the civil society and legal social, finally on the merit of the freedom of association.The conclusion part further elaborated the significance for the legal society of protecting thefreedom of association in accordance with the law: a country under the rule of law needs notonly a complete legal system, but also needs more civic norms consciousness and public idea,the association is just the school accordance with citizen participation in the public affairs,and in the process we can nurture mature citizen society. Association contributes to theformation of the daily values and new cultural spirit emerged from the existence connotationof open, modernization, urbanization, while this is very important to the social andcommunity governance.Through the above analysis, this article draws the following viewpoints: as a form ofsocial self organization, self management, and self development system, association is based on the equal freedom of the citizen society foundation, through participation in the publicpolicy the decision, consultation social democratic content in a fair and impartial public areas(but not in the official national political process), thereby reducing the sense of alienation ofthe power center, and eventually benifits the interest of the most people.A democratic and open society, should strengthen the legislation of association, fullyguarantee the freedom rights of association, people can not only gain viewpoints, but alsolearn to respect the rules in the association process.In the context of the innovation of social management, social organizations participate insocial management through association is the proper meaning of good governance. In otherword, freedom of association is not only the social foundation, but also the regime foundationof the legal society. In addition, association is the social self update mechanism, to protect theffective exercise of the freedom rights of association in accordance with the law has the sameeffect as market economy, which can cultivate people’s rational spirit and the spirit of contract,finally form the faith in the law and order. This paper aims to discuss the freedom rights ofassociation of our country under the background of social management innovation, which canprobably contributes to the study of the freedom of association.