On Freedom Of Movement

Citizens'freedom of movement is inalienable basic human rights, the rights of all countries in the world recognized by the Constitution. Freedom of movement is a legitimate living in the area that have the freedom of movement and free choice of place of residence and the right to free access to the geographical borders rights. Freedom of movement, in essence, individual citizens control over their freedom of movement, although it and closely linked to socio-economic activities, but it is the basis of economic activity, the movement is not only engaged in economic activities or economic interests. We can not relate to freedom of movement because of the interests of the economy to deny the nature of their personal freedom, freedom of movement of personal freedom, but, and other associated rights, is a kind of inclusive and rights. Today's society, people through the movement to expand their horizons, to seek their full potential sites, to realize their value of life, freedom of movement, personal freedom has become indispensable for the development of the elements. Freedom of movement as important in today's era of the human rights of a sovereign state, not only be reflected in the Constitution, but also a series of international covenants on human rights from a human rights perspective its specific provisions.In real life, with the implementation of reform and opening up and in-depth, along with remote workers, business, the increase in recruitment, citizens freedom of movement increasingly prominent, the Government of this phenomenon in our country to a certain degree of default, such laws In fact on the right and the right by the contradiction between the results of a citizen's absolute freedom of movement and the relative disorder population management, the negative effects brought about by the very obvious. Therefore, the restoration of the Constitution recognized freedom of movement there is a pressing demand for the practice, it will play an immeasurable social development role in promoting its social values are many more levels.Freedom of movement and people's freedom, and national social civilization and the overall quality of construction, and the prosperity of China's market economy development and obligations under international law, the protection of human rights are closely linked. China in the political, economic and legal aspects of the development of many for creating the conditions for freedom of movement. From 1982 to date, we have over 20 years of reform and opening up, China has made considerable social development, and from political, economic, legal aspects for the realization of freedom of movement and create beneficial conditions. Reform of the household registration system step by step for the realization of free-transfer have created favorable conditions for the past 20 years China has gradually reform the existing household registration system essentially has been carried out step by step to eliminate regional differences City residence policy difference At the same time, with the identity card system The basic implementation, and gradually weakening the role of the residence, light on the freedom of movement restrictions for the realization of the freedom of movement of citizens and create beneficial conditions.Construction of the system need to follow to freedom of movement corresponding to the principle, in particular can be divided into four principles. The first is the principle of freedom and order. Freedom of movement as a legal freedom are protected by law and must be subject to legal constraints shall be free of any abuse. This was followed by the fair, the principle of equality. The right to equality is a starting point for the legal protection of human rights, the protection of human rights is the ultimate goal. Good system should lead to equality between people, ensure equal opportunities in the process on the basis of equality, and strive to achieve equality of results. Then the comprehensive regulation and control management principles.Government should consider the overall situation, and strengthening macroeconomic regulation and control, protection of the orderly flow of the population, and the establishment of a corresponding system for the protection of citizens to freedom of movement is realized. Finally, the principle of judicial relief. We should not only freedom of movement into the Constitution, but the Constitution should have a workable, if the judges of the Constitution can be violated citizens freedom of movement, the abuse of state power there will be a more robust correction mechanism.As China's economic strength, the rapid development of urban construction and the reform of the household registration system substantive progress, implementation of the conditions of citizens to freedom of movement much more mature than before, has been a considerable feasibility. First developed in the future when the new constitution will be "freedom of movement" officially written into the constitution, re-enacted the authority of the《Household Registration Law》.Reform of the household registration system does not mean that the abolition of accounts, but in order to fundamentally change the population shift, resulting in national legislative norms, socio-economic regulation and control, personal control to independently choose its new pattern of movement. Finally, the freedom of movement of legal practice, in accordance with the Constitution, enacted by the National People's Congress authority《Migration Law》.The protection of the constitutional rights of freedom of movement under the premise of a more comprehensive standardized, so that the protection of citizens to freedom of movement at the same time, and better regulate the movement of citizens in our country. Construction of freedom of movement requires a corresponding system of protection. First of all we should vigorously promote the reform of the household registration system, the personal identity of the credit system. Freedom of movement in the Constitution is the greatest obstacle to the existing household registration system. Efforts to achieve social justice is a basic requirement of civilized society, through the introduction of legal migration to the relief system at the core of the legal relief system, can not only solve their practical difficulties, but also to psychological resolve to reduce poverty and social management costs, the rule of law is of great social utility.Freedom of movement for legal relief, in addition to the adoption of the corresponding civil relief means, in addition to basic civil rights has been translated into concrete general right circumstances, can be through administrative, civil and criminal proceedings for the three civil rights protections. In view of the advanced features of the executive power, should focus on strengthening judicial review of administrative acts, such as the phasing out of the final award, the management of immigration will be higher-level public security organs to the ultimate punishment appeals ruling, the State Council or autonomous regions, municipalities, the Provincial People Government's decision on the expropriation of land, natural resources ownership of the right to use the decision on the administrative reconsideration, in the vision of judicial review to prevent the executive power against civil rights.Only in the administrative proceedings relative to the protection of personal rights, property rights on the basis of civil and political rights, the right to education, labors rights, cultural rights, as well as into the future,《People's Republic of China Law on the Protection of citizens to freedom of movement》to protect the rights to freedom of movement, such as the provision of administrative protection.In addition, the proposed law on the freedom of movement of relief should simplify the procedures and reduce processing time, the legislation promptly, quick trial and faster bailiffs. Rights and interests of migrant workers involved in labor disputes, in the process, arbitration, the first trial proceedings, as far as possible, apply simple procedures. Arbitration, judicial officers must correctly, that the full exercise of the right address, and guide the resolve disputes. Judicial assistance, legal aid and other legal aid system coordination mechanisms need to further improve. Each department shall, within their respective mandates to the management of migration, services and interests of security work, and truly information sharing, interactive work, to do everything they can. We should actively explore not only the rights of the new movement, but also make the best use of the existing legal relief mechanism, the comprehensive use of mediation, arbitration, litigation involving migration solution to the contradictions and disputes, achieving movement and maximize the interests of the population social effects of the optimization.