Study On The Dualistic Household Register Institution--An Analysis Of Sociology Of Law

Household register institution primarily is to undertake social function that provides the census taking data and maintains social public order, but the current household register in our country system still includes the function of the establishment" dualistic social construction in country and city", marking the position of the city and country resident, and giving them different right and duty .For this reason, the theories field calls it as the " dualistic household register institution" generally. The institutional research has the close contact with the historical problem. For this reason article the first part expatiates the history of the dualistic household register institution formation and evolution. Founds a nation the initial stage, this kind of system is for the sake of the stability of the new political power with the instauration of the social order. The article calls this stage as that the institutional beginning in dualistic household register starts to choose. From 1958 to 1976, the household register institution is basic to follow the logic that objects city turn. After reforming to open, the dualistic household register institution reforms in predicament.In the foundation of historical studies, the article analyzes the value of dualistic household register system. The writer only chooses the justice and the efficiency to be used as the basic principle in analysis.The justice is initial value of society institution. The dualistic household register institution is not fair, which expresses primarily at:First, the dualistic household register institution divides the city and country resident as two different social groups. And limits migration from country to city. Second, in the aspects of assigning, the government's providing the public product is unjust. In addition, in the aspects of income assigning, the income margin of the city country resident extends increasingly. The third, in the aspects of opportunity equally, under the dualistic household register institution, village children with city children take the opportunity to teach and work is inequality. Finally, the dualistic household register system limited the village resident the freedom of changes residence.Pass to the analysis of the income and the cost, the article points out what dualistic household register system is not the efficiency, expressing for:Dualistic household register system is the outcome in planned economy age , do not moderate with market economy. In dualistic social construction, the village labor can't enter the industry system of the city, this make our country village be detained a flood of surplus labor force. Dualistic household register system cause our country city turn degree falling behind seriously, and paid enormous economy and social price.The Chinese household register system reforms is placed in an embarrassed period now, that can be explained by the theories of" the path depending-on". To avoid this circumstance, we must regard some principle as the target in rebuilding the household register system.In system change of process, the government is an authority to affect system change factor, should to be placed in the predominant position. The government takes advantage of any other behavior in this process.The institution arrangement suffers the tie of social science knowledge stores, which will requests our knowledge numerator positive participating the progress of dualistic household register reform.