今天Fanessay整理了一篇Paper代写范文--The freedom of association，本篇文章讲述的内容是关于结社自由方面的，可以供大家了解下。对于人来说，是生来适合群居的生物，结社是公民的需求，同时，结社在现实的生活中都是司空见惯的。人每天都在各种形形色色里的社团活动中生活，只要不违反法律，就拥有结社自由的权利，就会自愿地缔结社团。结社是人的自由权里的一部分，结社自由与其他权利一样是宪法赋予公民的一项基本权利，是人权，是作为人应享有的权利。
People are born to live in groups, and association is a natural need of citizens. Associations are commonplace in real life. People live in all kinds of community activities every day. As long as we don't violate the law and have the right to associate freely, we will voluntarily form associations. The right to association is a small part of the human right to freedom. Freedom of association is just as important as freedom of speech. Associations are autonomous individuals united to exercise autonomy; Association is an important way for citizens to participate in national political life. Association is one of the fundamental rights of citizens that deserves the emphasis.
The freedom of association, like other rights, is a basic right granted by the constitution to citizens.
Generally speaking, association refers to the voluntary formation of certain associations or organizations by citizens for a common purpose or purpose in accordance with the procedures prescribed by law to carry out the activities of associations and groups, so as to make up for the deficiency of individual's limited power and achieve the expected purpose of association. Article 35 of China's current constitution stipulates that citizens enjoy freedom of association. Article 20 of the universal declaration of human rights provides for this basic human right: everyone has the right to... Freedom of association; No one shall be compelled to belong to a group. The freedom of association clause protects the participants and organizers of the association from the interference of the state. Anyone who is forced to join or leave the association is prevented from being free of association, so they have the right to ask the judicial organ to protect them. That is to say, citizens who form or quit a society are not subject to the interference of public power. Fundamentally speaking, freedom of association is actually a negative right, that is to say, in an ideal level, it is the free exercise of the right to gather and associate with others for a specific common purpose without being prohibited or restricted by the state.
Theoretically, freedom of association can be divided into two categories. One is profit-seeking freedom of association, which is mostly found in companies and groups in commercial associations. Most of these associations are adjusted by civil law, company law, economic law and other private laws. The other is non-profit-making associations, which are divided into political associations and non-political associations. Political parties and political organizations belong to the former, while social organizations such as charities, literature and religion belong to the latter. However, no matter for profit or non-profit association, the freedom of association is continuous and stable, with fixed organizations and members, which must be established according to legal procedures.
Association is not completely free, free association is also subject to certain restrictions. Only reasonable restrictions can make citizens' rights fully exercised and their interests fully guaranteed. Thus, there are restrictions on citizens' freedom of association as follows:
Social organizations formed freely must abide by the basic rules and regulations and observe the constitution, laws, regulations and relevant state policies and policies. Secondly, the establishment of social organizations is the approval system and registration system in parallel. Although the implementation of this system and the form of the record system is to be discussed, but also as a way to limit the freedom of association to regulate. The registration and administration organs or business competent units of various social organizations are generally the relevant departments of the state council and the relevant departments of the people's governments. Finally, the registration authority and the competent authorities supervise and manage the activities of freely organized social groups. The supervision and management responsibilities of registration and administration organs to social groups are mainly reflected in the process from birth to death of social groups. The main functions and responsibilities of the competent business units to supervise the social organizations are mainly reflected in the examination in advance and assisting the registration and administration authorities to investigate and deal with illegal behaviors.
That is, the freedom of citizens to voluntarily form societies and organize activities in order to achieve their intended ends. This freedom means: the judicial organs, the government, other organizations and other public powers, even individuals may not illegally interfere, deprive or obstruct; And the purposes, nature and tasks of the organizations formed by citizens shall not be illegally interfered by any organization or individual, so long as they do not violate laws or social morality.
The freedom to participate in club activities means that citizens can come and go freely. This freedom means that citizens are free to join any society which is lawful and does not violate social morality, and no other organization may illegally interfere or obstruct it. Citizens have the right not to join or to withdraw from the activities of the associations they have joined.
Finally, the freedom to organize community activities. The freedom here is not only the freedom for individuals, but also the freedom for the group. In the community, everyone has the right and obligation to organize the activities of the community, and everyone has the freedom to improve the community for the benefit of the community so that the community can better serve each member.
In on democracy in the United States, the French political thinker Alexis DE tocqueville gave a high evaluation of the value and status of freedom of association. He argued that the right of association as a basic human right should be protected, and the freedom of association is a powerful weapon against autocratic politics. The existence of rights has its necessity and necessity, and the freedom of association is respected by people because of its special constitutional value. The following four aspects discuss the constitutional value of freedom of association.
Freedom of association and exercise of public power can be said to be the existence of a pair of natural enemies. As the first person to comprehensively expound the idea of democracy -- -locke, he was the first to systematically discuss the restriction of state public power. Locke argues that the political power of a country cannot be separated from the rights of individuals, and the public power of a country is transferred to the state by the rights of individuals through the social contract. In reality, individual rights are not enough to resist the infringement of public power, let alone restrict public power. So Locke's final proposal is "public power to restrict public power". How can associations exert their advantages? Tocqueville illustrates the way in which citizens participate in the power of the state in the form of communities. In the second stage, the established social groups convey their will through community activities. In the third stage, representatives are elected to exercise legislative power for the mission in the central legislature. Such freely formed associations indirectly exercise the restriction on the public power of the state. In this way, the advantages of the community can be fully developed, so that the will of the people can be realized.
Nowadays, protecting the rights of citizens and restricting the power of the state have always been the due meaning of modern constitutionalism, and the freedom of association is bound to play an important role. As a symbolic representative of the right assertion in today's society, mass organizations have always been full of citizens' enthusiasm for them. Citizens can not only appeal for their rights through mass organizations, but more importantly, they can prevent the abuse of power and protect the way for citizens to appeal for their rights, so as to realize the value of association and promote the development of constitutionalism.
Freedom of association helps citizens to actively participate in democratic political life and promote the process of democratic political development. Alexis DE tocqueville compared association to an art and continued human civilization. As long as it doesn't violate the law, people are willing to form associations to protect their rights and interests. In addition, with the prevalence of public power in today's society, the individual's power has little action in such an institutional context, and is easily suppressed by the authorities and government. As an effective tool to strengthen citizens' self-confidence, association is especially indispensable.
Organizing, joining and carrying out community activities are not only beneficial to the rational judgment of citizens, but also beneficial to the rational behavior of citizens further, so as to overcome the chaos in the process of group participation. In addition, club activities collect the consensus through the opinions of each club member, and everyone's opinions will collide and merge with each other to form the consensus. It can be seen that freedom of association is conducive to the effective participation and expression of an individual in contemporary society, and is of great significance for promoting the construction of contemporary democratic politics.
Freedom of association plays an essential role in maintaining social order and is the source of vitality of social life. Association is common in social life. Atomic individual action is insignificant, but molecular group action can achieve individual wisdom and different opinions. This advantage of community makes citizens more inclined to express their will by association rather than by government. In this way, freedom of association will promote citizens to participate in political life through their own actions, actively pay attention to the little things happening around them, and then develop to actively care about national affairs, making the behavior of the state become the will of the majority of citizens. On the other hand, citizens can better deal with the trivial matters around them by participating in national affairs. They can complement each other, promote the normal and orderly development of the whole society and cultivate citizens' social public spirit.
"A country that restricts its freedom of association to a narrow range in order to achieve short-term internal stability will only impose a heavy yoke on itself, like a man who has his arm cut off," DE tocqueville argued. His conclusion is that throughout history it has been assumed that association has been beneficial to the well-being of citizens. The United States is recognized as the country with the most flexible use of freedom of association in the world. Almost all kinds of existing associations in the world will exist legally in the United States for a long time, and this existence does not harm national security and social stability, but promotes the United States to become one of the most diverse and stable countries in the world. One of the most important reasons is that the United States has a rich and profound cultural tradition of association. The government and people of the United States firmly believe that extensive freedom of association is conducive to the stability of social order. Under this cultural background, freedom of association has become the basic premise of all kinds of social life in the United States, and the guarantee of freedom of association is also more important, and the content of freedom of association is relatively broad.
The inherent characteristics of freedom of association are voluntary, open and social organization. Citizens can arrange their own political activities according to their own will, thus building up social groups. With the help of collective strength, members of the community can realize their collective role in the society and the country. Furthermore, the social groups have established the management mode of autonomy, so the association constitution and group activities represent the common will and individual interests of the members of the association. Each member is voluntary to participate and decide their own activities and activities of the content, so as to achieve the self-development of the group, and then cultivate the concept of freedom, to strengthen the sense of responsibility, sense of belonging, democratic consciousness, public spirit...
The more widespread community activities, the more consolidated the legitimacy of social democracy and the rule of law, the more stable social democracy and the rule of law, the greater the happiness of citizens. At the same time, moreover, the spirit of democracy and rule of law has been deeply implemented in the whole process from the establishment and organization of club activities to the benefit of members. In the process of association activities, members can feel democracy, experience the rule of law and realize the value goal of free and independent activities. All these will provide a value basis for the promotion of democracy and the rule of law.
As one of the basic rights of citizens, association should be generally guaranteed by law and society. Only when citizens truly enjoy the freedom of association, they will actively use the right of freedom of association to protect themselves, thus promoting the development and progress of the whole society. Association is one of the innate instincts of human beings. Freedom of association can be said to be a natural human right, which is the birthright of everyone. The political power of the country is not qualified to point fingers, let alone restrict this legal human right with the system, but should be actively protected. Associations and associations that are not freely organized can be regarded as associations and trade associations in the real sense. Under the basic principle of respecting and protecting human rights, the granting of freedom of association is self-evident, and the guarantee of freedom of association is also the spirit of protecting human rights.
China's society management system stipulates the basic conditions for the establishment of a society. First of all, in terms of membership, if the number of individual members is more than 50, if it is in the form of unit members, it is more than 30. If the number of individual members is mixed with unit members, the total number shall not be less than 50. Secondly, in terms of property, the establishment of national associations needs more than RMB 100,000 yuan, and local social groups and cross-administrative groups need more than RMB 10,000 yuan. The name, institution, place and personnel necessary for the establishment of an association must also be normative. It can be seen that the management and system of social organizations in China emphasizes access and neglects supervision, and the establishment of social organizations should not only meet the requirements in terms of human members and fund management, but also meet the requirements in terms of access levels and other aspects. Only after various levels of examination and approval can qualified societies be established and the goal of civil association be achieved. In addition, if a mass organization successfully obtains the legal person status of a social group, its corresponding administrative management and management are almost in a state of no management, which emphasizes access and ignores supervision, greatly reducing the freedom of association of Chinese citizens.
Therefore, China can draw lessons from foreign mature in terms of association of the country, such as Japan, Germany and so on, they set up in corporate registration, adopt the administrative licensing or access principles of socialism, the establishment of the corporation as long as meet the laws and regulations, as long as you comply with the provisions of the law, not in violation of the law required, it can form a community, without cumbersome and useless substantive examination after registration authority. , of course, the low threshold of access system in the effective protection of citizens' freedom of association at the same time, there will be the existence of the negative effects, therefore, in the subsequent for corporate substantive administrative management, more standard setting and norms to guide, to strengthen the crackdown on gaming illegal society, to guarantee a real benefit of the community. In this mode of lowering the threshold for the establishment of associations, the freedom of association is effectively guaranteed to be fully developed for citizens who really need to form associations. At the same time, illegal associations formed with malicious intent can be well managed and controlled through strict administrative management after the establishment of the association, which will eventually be banned.