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The Vicissitude Of Migratory Freedom In New China

Posted on:2007-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q J LuoFull Text:PDF
GTID:2166360185480864Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Freedom of migration as a fundamental right entitled to man is very important to each citizen, each country and even the whole society: for a person, freedom of migration is necessary to man'living and development; for one country, she entitling freedom of migration to her citizen not only can sign that she is a democratic and free country, and also is a important condition for her high developing economy; for the human society, freedom of migration is not only one of the conditions for man's long-term existence, but also is one of the conditions for that the human society is full of liveliness and vigor. At present in the world majority of nationals as well as many international pledges joint human rights all confirm that the citizen enjoys the freedom of migration. But the freedom of migration has actually experienced a windingly developing process in our country.This article first elaborates the theory about the freedom of migration, then narrates the windingly historical vicissitude about the freedom of migration in new China, finally forecasts the development of the freedom of migration in the contemporary China. In this article, key point puts to the historical vicissitude about the freedom of migration in new China. According to author's inspection, after the new China has been established in 1949, in China the freedom of migration has experienced a winding process from the legal affirmation to the denial and then tacit approval to the certain degree. According to the different stipulation in laws, I divide this process into three stages: from 1949 to 1957, the freedom of migration had been confirmed in law; from 1958 to 1978, the freedom of migration had been strictly controlled in law; from 1979 to 2000, the freedom of migration had been authorized to the certain degree. This article taking this kind of division as the base elaborates the historical vicissitude about the freedom of migration in new China, analyzes the reason for which each stage appears, and makes brief comment.Narrating the history about the freedom of migration is in order to learn from the history, and to provide the basis for restoring the freedom of migration in our country today. In the new Chinese legal history the freedom of migration either was affirmed, either was denied, either was tacitly approved. Although it has various reason, regardless of how it changing, as a basic human right the freedom of migration's developing tendency should be affirmed in law, specially in the situation that it urgently needs realizing the freedom of migration in contemporary China. At present, not only it urgently needs realizing the freedom of migration, but also the freedom of migration has had the feasibility in our country. Therefore in our country restoring the freedom of migration has conformed to the developing tendency and the citizen's mind.
Keywords/Search Tags:Freedom of Migration, New China, Reason
PDF Full Text Request
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