The Distinction Between Freedom Of Association And Right To Organize In The Perspective Of Study Of Social Law

As a basic civil right, the freedom of association is a freedom coming from the firstgeneration of human rights, which is a kind of defense right without interference fromthe state. Right to organize is a source of social rights from the second generation ofhuman rights, specifically the survival right from social rights. The subject of right toorganize is workers and the workers organize for the purpose of improving workingconditions and safeguard their own interests. In some countries, such as Japan, notonly in the Constitution provides for freedom of association, but also stipulates theright to organize in other provisions. It is clearly to be recognized as the differentrights and stipulated in the constitution. Right to organize is different from thefreedom of association, which the difference between freedom of association and rightto organize helps to enhance the understanding of social rights and social law. With abetter understanding of right to organize, it helps us to re-examine the presentdevelopment of our country’s trade union and reflects on the problems of the right ofassociation, which is a regression of social rights from the national standard to thesocial standard.From the starting point, the comparison of freedom of association and right toorganize, the thesis consists of four chapters: the introduction presents the research background and significance; the first chapter focuses on freedom of association andright to organize and describes the theory origin and the current situation oflegislation; the second chapter compares the constitutions and constitutional case ofUSA, Germany, Japan and Chinese as an example, and makes a comparative studybetween freedom of association and right to organize; the third chapter, correspondingto the abovementioned four countries, summarizes the three kinds of Standards inassociation right view, namely individual standard, social standard and nationalstandard of association right; the fourth chapter is about the constitutional protectionof right to organize and the system design, which is mainly reflected in the two"regression"--freedom of association’s individual standard regression and thedevelopment of social standard regression of right to organize.