Research On Fundamental Rights Of Legal Person

Since modern times.the main subject of basic rights is a natural person(particularly refers to a nation’s citizens) in the constitution theory and practice.Whether a legal person can be the subject of basic rights or not remains a question. With the diversification of social life and the complication of social organization,the legal person takes increasingly active part in social life, and part of basic rights of legal person got acknowledged among several countries in the second half of the 19th century.The constitution in our country provides for a wide range of basic right subject, while the lack of the division of public law and private law in theory results in the limitation of the study of basic rights for legal person,let alone admitting that legal person is the subject of the basic rights.This article embarks from the evolution of basic rights subject,combining the experience of the comparative law,investigates whether the legal person has the capability for basic rights and to what extent enjoy basic rights,and then explores the particularity of basic rights of legal person,the private right trend of the legal rights to the return of the legal person constitutional rights. We should draw on the experience of comparative law and recognize the basic rights of legal persons to a certain extent,so we can find an effective way to protect the basic rights of legal persons,and perfect the system of protection of basic rights.This article includes five chapters:In the first chapter,the author analyzes the evolution of the subjects of basic rights from the time dimension.The subjects of basic rights experience the change from person to citizen.from natural person to legal person,which reveals an inevitable trend for legal person as the subject of basic rights.In the second chapter,the author studies the legitimacy of legal persons’basic rights.There are three aspects to admit the status of legal person:theoretical basis,practical needs and practical experience.In the third chapter,the author lists the characteristics of the basic rights which a legal person has.Compared with the basic rights that natural person has,the basic rights that legal person has own some characteristics:differential judging criteria,limited content of rights and strict restrictions to the exertion of right.In the forth chapter,the author discusses whether different types of legal persons can enjoy the basic rights or not,by trying to analyze the cases of company and TV station.Of course,all the things the author try to do is based on our constitution.In the fifth chapter,based on the constitution practices in our country,the author raises a way to admit basic rights of legal persons’subject status interpreted by "bills of rights".To protect the basic rights of legal person,we can learn from the articles of common law and improve the mechanism of constitutional guarantees.