On The Right Of Association

The so-called right of association is refers to the citizens within the limits prescribed by law, have their own to create and join the community, in order to achieve the purpose or mission and freely management associations in internal operation, organizing community activities foreign rights; At the same time also can according to his will not create or not to join the club, quit the club or dissolve, not illegal intervention by the state, individuals or other organizations. All citizens in a democracy are independent, but it is also weak. If cannot learn automatically and mutual assistance between citizens, will all fall into a state of incompetence. If they don’t get into the habit of association in our daily life, the civilization itself is under threat. If there is no right and democracy of the people’s interests of association for political purpose, so they will not be able to fight too much intervention from the country. Tocqueville pointed out,"a nation, if its members lose their strength alone the ability of doing big things, and not get into the habit of doing great things together, it will soon be back to the savage state."From the perspective of the rule of development of the world, right as a basic right of association has been more and more countries recognized, at the same time as the advancement of the rule of law and global association revolution, people’s increasing demand of association, the realization of the right of association degree become the measure of a country under the rule of law process. From a macro point of view, the right of association value lies in promoting democracy and realize the constitutional government, the democratic values include, democracy in the cultivation of citizens’ democratic spirit and democratic habit ability enhancement and the advancement of democratization, and so on, its value is mainly reflected in the constitutional government restrictions on the national public power and private rights safeguard citizens. From the micro perspective, right to satisfy people’s demand of association of association, stable social order and rebuild social capital and social integration is of great significance.From the point of political change since the reform and opening up, China’s political system has been in adaptive flux, the most can reflect the change of phenomenon happened several times the government institutional reform, the reform of government in the governing idea, institutional setup and personnel allocation, profound changes have taken place in the operating mechanism, etc. If we stand on the position across time and space directly to examine first before the reform of government institutions, will produce a strong transition sense. Based on the existing experience and path dependence, this kind of change will continue, and likely in the history of the appropriate timing of qualitative leap. This shows that tong authority "to resolve the problem may be there is a political problem, but there is no political deadlock". Combining our country in recent years, economy, culture and so on various aspects of development and change, we should increase confidence in the right of association studies. In addition, some democratic politics more developed countries have accumulated very abundant on the right of association of the judicial practice experience and basic theory, this is the right of association and the basis of the research provides a good reference.From our country in recent years, journals, newspapers, often can see association studies have rights of association articles and writings, this paper will focus on a more comprehensive study path, foster strengths and circumvent weaknesses, to better study the rights of association. This article is divided into three parts, the main use of historical analysis, comparative analysis, normative analysis and other research methods, on the basis of the research status at home and abroad were reviewed and summarized the paper mainly discusses the concept, characteristics, nature and classification of the right of association, value, etc. In introducing foreign association right system in the United States, France, for example, when the development course and the reason such as illustrated, and the association right system, in which the community participation pattern of the two countries on the basis of the comparison analysis. In addition, based on the analysis of the development and current situation of the development of legal system of right of association is proposed on the basis of proposals and Suggestions of perfecting our country’s legal system of right of association. Specific as follows:The introduction part briefly introduces the research status about the right of association at home and abroad and the research methods are proposed in this paper. When introduced the research status at home and abroad, summarizes the domestic and foreign about several researching way and the basic theory of the right of association for the study of this paper combed the train of thought. From the point of view of methodology, this paper mainly adopts the normative analysis, historical analysis, function analysis, comparative analysis and system analysis of five kinds of methods, and has made the details of each method.The first part is an overview of association rights, including rights of association of the concept, nature, characteristics, classification, and basic theory of value. The first section of association and freedom of association, the right to freedom of association and association of comparative analysis expounds the concept of the right of association; The second section introduces the nature of the right of association, characteristics and classification, the nature of the right of association include the dual nature of the constitution and economic and social rights, the dual nature of civil rights and political rights, and natural rights and the rights the three aspects of double attributes of the joint. Rights of association features include four aspects, first, the right of association is a kind of instrumental rights, and second, the right of association is a contractual rights, third, the right is a kind of limited right of association, the fourth, the right of association is a kind of defensive power. In addition, there are three kinds of classification of association, it is a public and private association of association, the second is for-profit and non-profit association of association, the third is apolitical association and general association; The third section summarizes the three basic theory of right of association, including a strong democratic theory, theory of civil society and the theory of Modern Communitarians; The fourth quarter, probes into the social value of the right of association, including the right of association is to the right of the significance of social capital reconstruction, association is to the right of social management mechanism innovation and the significance of association is to realize the significance of social integration.The second part of the former two are introduced tong right system of the United States, France, in the study of association between the two countries right system, on the basis of development, respectively analyzes the right system of the United States the reason of the successful operation of association and the reason of difficult birth in France. In the third quarter from the attitude toward the people of the two countries and the different political environment two aspects analyzes the right system of association between the two countries of different reasons, the fourth section of the community participation pattern of the two countries on the basis of the comparison analysis, the method of the American pattern of pluralism and France group model.The third part is the emphasis of this paper studies, namely, the legal system of right of association analysis of our country. This part of the first two respectively introduces the association right system in our country development course and current policies and laws and regulations and in the third quarter from the legislation, corporate management and corporate itself on three sides by analyzing the problem of association right system in our country, the fourth quarter through the change of idea and the complete system are proposed in the two aspects of association right system of Suggestions and comments, which set a special method of association become the most pressing task of right system to perfect our association. In the aspect of system consummation, mainly including three aspects, the first is to perfect relevant legislation, the second is to reform the current management system, the third it is clear what the reasonable limit...