On The Freedom Of Migration And Constitutional Protection

Freedom of migration in our country is an issue discussed heatedly in these years .In the angle of legal practice freedom of migration in nature is associated with the constitutionalism issue of respecting and protecting human right. Systemically this article discusses freedom of migration from the beginning of the significance which acting on the development and achievement in our country looking forward to enriching the research and advancing the fulfilment of the freedom of migration in our country.Except the introduction this article consists of four parts.Part One mainly discusses the basic theory problem .Firstly looking back the origin of freedom migration at two aspects of the nature and law .Secondly defining the concept and quality of freedom of migration .The freedom of migration is the right to migrating and settling freely while regulated by constitution and law .It is a personal freedom by nature and at some degree it is a social and economic rights. Finally this part explores the legal status of freedom of migration.Part Two makes a demonstration research on the freedom of migration constitution criterion to some extent ,which includes three aspects of the general criterion restrict criterion and protective criterion .Part Three reviews the practical status of our country citizen' freedom of migration .Firstly this part reviews the evolution of our country citizen' freedom of migration .Freedom of migration has passed through affirmation phase negation phase and acquiescence phase .Next this part reviews deeply the real-life problems of our country citizen' freedom of migration involved obstacle factors and the necessity of the confirmation by constitution.Part Four mainly study the accomplishment of our country citizen' freedom of migration and the constitution protection .On the basis of exploding feasibility of our country citizen' freedom of migration confirmed by constitution the author brings forward legislation principle and the assumption on setting up the constitution protectionsystem .The author makes suggestions that the protection of our country citizen' freedom of migration should fulfil in the form of constitutional amendment ,at the same time promoting the perfection other legal and social system .At last our country citizen' freedom of migration should be confirmed by constitutional judicial application and international treaty protection.