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On The Freedom Of Citizens’ Assocition

Posted on:2016-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:H D QiuFull Text:PDF
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The subject of this article is "freedom of association", so it’s necessary to identify the concept of "freedom of association", and define its meaning and extension. The freedom of association is the voluntary and autonomous union between the citizens for some goal and collective action. The right of association is the affirmation of the freedom of association by the law, which performances as the institutional arrangement of a constitutional right. The freedom of association includes three factors logically, the freedom to form an association, the freedom of the association and the remedy related with the freedom of association. As a political freedom, the right of association is the fundamental right of the citizen, which includes a passive side and an active side. The passive side of the right of association is the key for us to understand the relation between this freedom and the power of the government and define the boundary of it.As a fundamental of the citizen, the freedom of association possesses some moral supremacy, which can be proved by the non replaceable of its function. In fact, the social function of this freedom is released in its dynamic operation. In the angel of utilitarianism, the freedom of association can meet the need to draw on the advantages and avoid disadvantages, that is why it is important the human-beings. The association leads the man to the collective action to overcome the weakness of the individual action, and gets the effect that the individual action can never reach. Any demand of association can initiate the people to pursuit the freedom of association, and make the right become a fundamental right of the human-beings. A significant facture of the modern society deferent from the traditional society is the universal participation, and the realization of the freedom of association is the institutional channel for the citizen to integrate into the social life, which can leads to the civil society logically.Although the freedom of association has its positive function and releases positive energy, it has its own limitations and can release negative energy possibly. So it is a problem of the regulation and government intervention that how to administrate the citizens’ association and the act of the association by the law. The nature of the freedom of association as a passive freedom determines the approach and the limits of the governmental intervention. The basis of the governmental intervention is the principle of hurt, which means that the government can only restrict the factors of this freedom that can bring damage. The limitation from the government can only be set by the legislation according to the principle of proportion, and set the due process and the necessary remedy to avoid the abuse of the power which can create substantive hurt to the freedom of the association.For the reason of the history, the freedom of the association of the Chinese people is repressed and it is not assured and realized till now. The freedom of association confirmed by the constitution does not change into a real right in the social action. In the condition of rule of law in China, the political precondition of the legalization and realization of the freedom of association, so we can release some living space for it, and control the negative effect of it by law. Thus, we can ensure the citizens’freedom of association,realize the royal promise of the constitution, and turn it from a right in the paper into a right in the act.
Keywords/Search Tags:Association, Freedom of Association, Right of Association, Civil Organization, Civil Society
PDF Full Text Request
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