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Freedom of Association

Author: TanZuoYing
Tutor: XueXiaoJian
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Association Freedom of association Restrictions to freedom of association The value of freedom of association
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 230
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Abstract

With the development and maturity of civil society, when people's attention is also focused on the freedom of speech, expression in the field of freedom of research and deep mining, the freedom of association has begun quickly into the areas of legal research. Experts and scholars on this sought-after exploring the formation of numerous fruits of, and left a deep thinking and inspiration. These theoretical exploration of its meaning can be described as significant for a rapid economic development in countries. Diversified development of traditional Chinese society is not sufficient, both from historical reasons, but also from the cultural characteristics. Traditional Chinese regardless of political or cultural, is the pursuit of a highly unified country, the dependence of the people of the state administrative authority to reach a considerable height, private organizations, is difficult to get widespread acceptance and trust of the social thought. Awkward position of civil organizations, on the one hand, difficult to achieve equal status with government organizations at the policy level, can not receive equal treatment in many aspects of the rights and interests, on the other hand, due to lack of confidence in self-development, the pattern of administration so regularly to emulate, often in pursuit of the Chief of the combination of government organizations, the community is difficult to really play the role of civil society organizations to make up and self- As China's reform and opening up and building a moderately prosperous society the cause of the economic and social development requires a shift of government functions in the macro-control and conversion to the service, not only to self-development and improvement of civil society to provide a broad space, and, part of the government functions is bound to transfer to the body of civil society organizations. In recent years, precisely because of the transformation of government functions, the high-speed economic and social development and release of the policy makes our civil organizations have been rapid development in the legal system, however, suffer from a number of bottlenecks to be solved. The purpose of my article here. Because of the rapid economic development is inevitably followed by the recovery of the human spirit and democratic society, freedom of association, although the highest in the system of protection of basic constitutional rights on the freedom to establish a sound system and legislation, but in practice, how to limit and protect the with the authority of government relations theory and so also the need for further research and discussion. On the basis of absorption and build theory and experience abroad, we should be, based on their actual, to solve the coordination problems of our public power and civil society, through the use of freedom of association to better promote the diversification of civil society development, more well provide the basis and guarantee for the legitimacy and rationality of government power. Therefore, I sincerely hope that research in this area through their own shallow understanding of this paper to promote the play of little help, or to be regarded as added to the ranks of researchers concerned about the freedom of association, freedom of association and orderly and the sound development of the wave flags cheer. This article the author based on the association of freedom and restrictions theory through the analysis of the association for China and some other countries as well as the theory of, respectively, starting from the macro and micro perspective, introduced the general principle on the basis to explore some theoretical perspective, combined with their own personal opinion. In this thesis, the first chapter of the general concept of freedom of association. Connotation and denotation as well as issues related to introduction of two concepts of freedom including freedom of association and freedom of association. Chapter II of this paper for the protection of freedom of association. Including the general principles of the protection of freedom of association and protection of freedom of association freedom involved in several aspects. The third chapter of this thesis, the restrictions on the freedom of association. Including the basic principles and political association, freedom of association limit. The fourth chapter of this thesis, the value of freedom of association. Including the relationship between freedom of association and the moral and social justice, and association, freedom and civil society and social order and the role. Finally conclusions. Research results to be summarized and instructions.

Freedom of Association

Abstract

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