Right To Freedom Of Movement Research

Recently, with the development of market economy and the construction of political democracy, the issue of human rights has been increasingly concerned, among which the freedom of migration has become one of the hottest one in law studies, politics, sociology and demology. This dissertation explores mis issue in depth and width in six parts.The first part starts with a discussion on human right's world conventions and makes this a keynote for later discussions, that is, to admit and protect the freedom of migratrion is a request and tendency for China's further development Then the author briefly surveys how this freedom has developed into a constitutional right in the historic perspective. In the mean while, the autor also analyses the values of the freedomt in politics and economics in China. The author also introduced the previous studies in and out of China on this issue. The basic framestructure of the disertation is also presented here. The body of the dissertation constitutes four chapters. The first chapter mainly deals with the concept and the extention of the freedom of migration. The author concludes that the freedom of migration refers to the freedom for citizen to leave former residence and arrive at another place to live, without any illegal restriction. There are four causes that this right should be granted: a) it is from the innate requirement of humanity and its development; b) it concerns with the legibility of political governess; c) it is a demand from the development of market economy; d) it will be benifcial to the reservation of ethnic culture, development, and fusion. In the last section the author states that the freedom of migration can be investigated from the perspectives of logical constitution, purpose and space of migration.The second chapter deals with the restrictions on the freedom of migration. Generally speaking, the scholars of human rights often see the importance and urgency of the rights they study, but neglect other rights. This dissertation discards this kind of biased acadeimic approach. The author first analyses the restrictions on the freedom by the perspectives of resouse finity, the sociability of the subject of right, the legality of stipulating the field of right, and the politcality of the exertion of rights on the philosophical basis, then the author makes a field study on the restrictions of rights according to the United Nation's International...