Discussion On The Protection Of Legal Person’s Fundamental Rights

With the continuous development of the economy, legal person plays a more andmore important role in our society; people are enriching the knowledge of the legalperson at the same time. The German Basic Law havs determined legal person as themain form of fundamental rights for the first time, then the corporate fundamentalrights issue has became one of the controversial constitutional community. Issuesrelated to the basic rights of the legal person of our current discussion is less，Theauthor base on theory of the basic rights and the essence of the legal person to analyzethe possibility of legal person become the fundamental rights protection object; andsort out and summarize the related theory and experience to solve the legal theoreticalbasis of legal person becomes the subject of fundamental rights, and then sums up itsbasic legal right content scope; Finally, according to China’s constitution and thereality of the related cases to put forward some suggestions to construct the system ofour legal person protection.This paper will be divided into four parts:The first part: The definition of related concepts. First of all, to define theconstitutional basic rights, clear the object and scope of the study; Then introduce therelated theories.The second part: Discuss the legal person’s status of basic rights. Refer theexperience of Germany, the United States and Japan, and centered on the “infiltrationtheory” and “restricting obey relationship” to find out the theoretical basis; And then,analysis the different position of different types of legal basic rights.The third part: The content of legal person in basic rights. Using the inductivemethod, Introducing the important ones.The fourth part: Suggestions and improvements of our current system. Based onthe analysis of the constitutional text specification and real cases to put forward somesuggestions.