析论公民权和政治权项下的结社自由

人权法上的社团是一个具有特定涵义的概念,而对该概念的正确理解是进行结社权研究的理论前提。结社权作为一项基本公民权和政治权,对个人的发展具有不可替代的价值,受到了国际法的全面保护。中国关于结社权的规定具有其特点,也存在局限。在构建中国市民社会的进程中,应该重视公民的结社权。

Freedom of Association under Civil Rights and Political Rights

The definition of association is a concept with a particular connotation in the sense of the law of human rights. The correct understanding of that concept is a theoretic prerequisite for probing into and analyzing the human rights of building association. The right of building association is one of basic civil rights and political rights and has irreplaceable value in human's development and improvement. It has been attached great importance and overall protected by the international law. China's laws and regulations on freedom of association have their own characteristics, but have deficiency as well. In the process of constructing civil society in China, the protection of the rights of building association should be paid close attention.