Study On The Scope Of The Fundamental Rights Of Legal Person

Because of the progress and development of our country’s national economic and social productive forces,all kinds of national organizations are everywhere in all fields of public life,which promotes people to better promote the understanding of basic rights and the nature of various legal persons.In some specific areas,legal persons have gradually acquired their own basic rights in practice,and gradually become the subject of basic rights.Although the academic and practical circles of various countries have made a relatively definite discussion on whether legal persons can enjoy basic rights.However,there are few basic laws that explicitly stipulate that legal person is the subject of basic rights.Through the comparative analysis of domestic and foreign theories,this paper explains the basic rights and the scope of application of different types of legal persons.This problem is not only helpful to analyze and solve the conflict of interests,but also to safeguard the legitimate rights and interests of corporate organizations legitimate rights and interests of corporate organizations such as enterprises.Therefore,this article is divided into four parts:The first part is the understanding of general theory.Starting from the emergence and development of legal person as the subject of basic rights,this paper introduces the opportunity of our country’s special subject to become the subject of basic rights,and then carries out a detailed study on the theoretical basis and particularity of legal person’s enjoyment of basic rights.Define the type of legal person as the subject of basic rights.The second part is the extraterritorial investigation of the basic rights of legal persons.This paper compares and analyzes the model of expanding the scope of "man" through constitutional interpretation in the United States,the model of differential treatment of different legal persons in Germany and the model of applying the provisions of national rights and obligations to Japanese legal persons.Focus on the German model.The third part is to analyze the constitutional basis of legal person’s enjoyment of basic rights in our country and to examine the reality of private law person and public law person’s enjoyment of basic rights.The fourth part is to analyze the different basic rights of Chinese legal persons,which mainly discusses the property rights,personality rights and equal rights of legal persons.The constitutional importance to the protection of these fundamental rights is argued,and the distinction from civil legal protection is explored.