Security System Of Migratory Freedom

The constitutions, laws of each country as well as international human right treaties have acknowledged migratory freedom. According to the Holland constitutionalist's statistic of 142 written constitutions, 60% of them have the content of migratory freedom, and now China is one of the few countries that restrain migratory freedom. After the foundation of PRC, migratory freedom has gone through such a course that is from approval to disapproval, and from disapproval to tacit approval to some degree. With the reform of economic and political institutions, constraints of migratory freedom have become unreasonable, and granting migratory freedom to citizens is necessary and possible. Although there are still some obstacles, we have reason to believe, with the improvement of constitution, laws and all systems, migratory freedom must be realized from the possible right to legal right, and from legal right to real right.This article consists of three chapters.Chapter 1 is about the basic theory of migratory freedom. It includes international and domestic migratory freedom, however this article concerns the latter,and gives it the definition. Then, this part explores the nature of migratory freedom, which is a comprehensive right of personal, economic and social right, and it even has the nature of political freedom. At last, migratory freedom has close relation with relevant legal value such as justice, order and social harmony.Chapter 2 explores the relation of migratory freedom and constitution. First, fundamental rights are the right entitled to human, and the final value of constitution is to realize these rights. Then, migratory freedom is not only a fundamental right, it is also a fundamental human right, and it should be protected by constitution. At last is the changing course of migratory freedom in China. In 1954 the Chinese constitution granted citizens the freedom of migration, but the Residence Registration Regulation of the PRC in 1958 virtually deprived the citizens' migratory freedom, since then, the Chinese constitutions haven't resumed it. There were reasons of many aspects, but economic institution is the main one.Chapter 3 is concerned with the protection and perfection of migratory freedom. Firstly, It is necessary to acknowledge migratory freedom in our constitution. It is the need of socialist rule of law, development of our socialist market economy, promotion of the citizens, perfection performing the international obligations of our country as an important member in the international society. Secondly, there are feasibilities of acknowledging migratory freedom. The large-scale movement of population provides actual condition, and all kinds of institutional and social reforms provide social economical basis, and ideological basis. Although there are still some obstacles in reality, it is no reason for us to wait. At last is the construction of migratory freedom system, it should be acknowledged in the form of constitutional amendment, and the reform of the system of census register and the stipulation of relevant laws, and we should continuously perfect our system of social protection and constitutional supervision.