On The Protection Of Assembly Right Of Citizens In China

The right of assembly is not a stranger to Constitutional scholars, but to ordinary citizens is not familiar with the right of assembly. Based on the practice of the assembly right of nations, this paper focuses on the perfection of the constitutional right——right of assembly in our country under its guidelines law——the law of Assembly, Procession demonstration. All those are in order to enhance the feasibility of the exercise of this right for our country’s citizens. This paper starts with the introduction of the concepts and attribute of assembly. Then explored the legislative situation of the assembly right in other countries, and finally return to the discussion of the problems of our assembly right and try to find the corresponding ways to solve it in legislation and practice. The practicality of the Assembly Law has been analyzed perfectly and some suggestions for improvement have been given. This paper is divided into four parts:The first part of the article is the general explanation on the origin, concept and connotation of the assembly right. This explanation is mainly on the definition, properties, characteristics and classification of the assembly right and also stressed the importance of assembly right as a civil rights for the citizens.The second part mainly introduced the rules of foreign law and domestic law of right for the assembly of citizen. For the foreign law, according to the civil law and the Anglo-American common law, the law of assembly rights has been classified with Britain, the United States and Japan. And the characteristics of the assembly right law of each country have been analyzed. In the end of this part introduced the protection situation of the assembly right in constitution and other laws.The third part summarized and analyzed the deficiency of the protection of the assembly right in legislation for citizen in China. This part is starting with the application protection and substance protection in the practice of assembly law. Through the analysis of the practical program of the assembly practice, the defects of the assembly applications have been pointed out. All those can enhance start ability of the assembly. At the same time, according to foreign assembly right legislation and the assembly practice case, the challenges of our assembly law practice in the substance and application protection were analyzed contrastively. For this provided the solutions to improve the substance and application protection for the assembly rights.The fourth part is the key parts of this article. Based on the problems which have been pointed out in the third part, in this part the author try to explore a suitable way which is fitted the local situations for the protection of the assembly rights:to transform the legislation thought, change prevention into proper guidance, leading the irrational assembly legitimately, simplified the application and approval procedure, strengthen the practical of the assembly right, refining the safeguard measures in the assembly right practice process, making greater efforts for the relief of assembly right. This paper solved the problems which we had met in the practice of assembly right in theory and practice.