Analysis Of The Right Of Assembly And Association In The Late Qing Dynasty And The Early Republic Of China

The right of assembly and association is a people's right stipulated in the constitution of modern democratic countries,and this right first arose and was confirmed in the late Qing dynasty and the early Republic of China.The activities of assembly and association were not tolerated by the rulers in China's feudal autocratic traditional society.Feudal traditional laws severely suppressed the association of assembly and association with officials and scholars.As early as the Han Dynasty,there were supplementary benefit laws and Albanian party laws to prevent officials from forming alliances.At the peak of feudal autocracy in the Ming and Qing Dynasties,there were more crimes such as conspiring with the party,forbidding officials from forming close ties with officials and forbidding members of opposite sex brothers to strictly prevent assemblies and associations.In the late Qing Dynasty,the poor and weak Qing government was constantly invaded by foreign powers.The decline of central power made the ban on assembly and association loose.Intellectuals influenced by advanced western cultural thoughts began to gradually carry out patriotic national salvation movement by assembly and association.New political and social organizations promoted the confirmation of the right of assembly and association in modern times.The constitution and amendment of the late Qing dynasty initially confirmed the right of assembly and association in such legal documents as the "Qin ding constitutional outline" and the "law of association and assembly",and a number of articles of association,including the concise articles of association of the chamber of commerce and the articles of association of the education association,were promulgated.In the early years of the Republic of China,the right of assembly and association was clearly stipulated in the Provisional Constitution of the Republic of China,and the legislation on this right was further developed on the basis of amending the law in the late Qing Dynasty.The widespread spread of democratic republicanism made the assembly and association in this period take on the trend of generate.People from all walks of life actively exercised this democratic right.In politics,political parties,a high-level political association,have sprung up in large numbers.On the social front,not only the civil society organizations such as chambers of commerce,educational associations and peasant associations encouraged in the late Qing dynasty have been further developed,but also other various types of associations have been formed in large numbers,covering all aspects of people's production and life.Regarding the realization of a right,we must also examine the restrictions and influences of realistic politics on it.At the end of the Qing Dynasty and the beginning of the Republic of China,when the right of assembly and association was just confirmed,traditional legal concepts still drove those in power to restrict the people's freedom rights,and promulgated relevant laws or directly violated the people's rights,which hindered the realization of the people's right of assembly and association.The right of assembly and association emerged in the transformation of modern law in the late Qing Dynasty and the early Republic of China.Its legislation and implementation showed the characteristics of breaking through the traditional law and being influenced by the legal tradition.The right of assembly and association has been confirmed and initially guaranteed.Promoting the development of economic culture and democratic politics is its progress compared with the traditional law.However,the wanton trampling on it by the authorities,the power struggle by political organizations and the ignorance and disregard of the public for the realization of rights constitute the negative influence of the legal tradition on the development of the right of assembly and association.It can be seen from this that in the modern transformation of our country's law,although rights have been transformed from due to legal,there are still traditional political and legal thoughts that suppress people's rights in the process of law formulation and implementation.Therefore,the core issue of legal transformation should be to guide people to correctly understand and realize rights,so as to promote the transformation of law from restriction to guarantee and further restrict the infringement of people's rights by public power.