Discussion On Legal Limitations On Freedom Of Association

Freedom of association is an important civil right as stipulated in the UN International "Covenant on Civil and Political Rights".The development of freedom of association theory and practice is extremely important for the formation of civil society,the development of democratic politics,and the protection of human rights in all countries.significance.However,freedom of association is not absolute.It is still necessary to restrict freedom of association under certain conditions.Firstly,we must have a clear understanding of the right of association and freedom of association.Freedom of association is the right of private individuals to form specific organizations for their own development or resisting the harm of others and natural disasters.It is the most natural freedom that is second only to the freedom of their own activities.On the other hand,with the Constitution of the German State of 1919 for the first time the freedom of association of citizens was included in the Constitution,119 constitutions have so far established the basic right to freedom of association.There is no doubt that freedom of association is a constitutional right of citizens.At the same time,it has the dual attributes of civil rights and political rights,and has the dual characteristics of first-generation human rights and second-generation human rights.Secondly,in order to protect human rights without compromising public interests,human rights conventions and national constitutions provide strict protection for the freedom of association of citizens,and at the same time impose restrictions on freedom of association,in addition to On the level,countries should also further improve the design of the freedom of association system,so as to reasonably resolve the contradiction between public interests and the freedom of association of citizens.Third,in the practice of restrictions on freedom of association,the "unequal restrictions" approach poses the challenge to citizens' freedom of association.This practice is mainly reflected in the fact that all countries limit organizations and citizens with different political beliefs,minorities and religions indifferent way.The freedom of association imposed unreasonable restrictions and violated citizens' right to freedom of association.Therefore,in order to effectively guarantee the freedom of association of citizens,all countries should eliminate discrimination and abandon the"unequal restrictions".Finally,through the analysis of the theory and practice of legal restrictions on the freedom of association,combined with the inadequacies of the protection of the freedom of association of Chinese citizens,it is suggested that the government change the traditional concepts,improve the legal system,strengthen the protection of the freedom of association of citizens,and promote the national democracy and the rule of law.