Font Size: a A A

Study On The Realization Of Freedom Of Movement

Posted on:2009-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:L F MeiFull Text:PDF
GTID:2166360242487967Subject:Law
Abstract/Summary:PDF Full Text Request
As a fundamental human right entitled to citizens migratory freedom has beenacknowledged by the modern society and has been written into the constitution ofeach country and many international human right conventions. The ResidenceRegistration Regulation of the People's Republic of China in 1958 virtually deprivedChinese citizens of the migratory freedom. Since then the Chinese constitutions hasn'tresumed it. With the deepening reform of economic and political institutions,constraints of migratory freedom have become a huge obstacle hindering the rapidgrowth of Chinese economy.I think the dispute is not whether to realize the freedom of movement or not, buthow to solve the problem which could be brought by realizing the freedom ofmovement. This paper is from another angle, studying an after event issue——how tosolve the problem that society will be confronted with when the migratory freedomcomes true. Through researching the United States and European Union, whoseeconomy is the most flourishing and population fluxion is the most frequent in theworld, we use for reference their experience on solving floating population'semployment, social guarantees and education. Then I put forward my suggestion onestablishing our country's institution of migratory freedom.Chapter One mainly discusses the basic theory problem of migratory freedom, bylooking back the historical development, defining the concept and meanings, and analyzing its quality and legal status. Further, it affirms that freedom of migration isthe outcome of development of human society and is also the basic human rightswhich people should have for pursuing free life.Chapter Two compares the institutions of migratory freedom among internationalcountries, international treaties and our country from macroscopic aspect. It makes ademonstration research on the freedom of migration constitution criterion, whichincludes three aspects of the general criterion, restrict criterion and protectivecriterion. And comparatively analyzes the freedom of migration's historicaldevelopment and status quo in our country.Chapter Three, from microcosmic angle, introduces a series of specific measures,which United States and Europe Union take in order to keep freedom of migration.This paper goes deep into analysis from such three aspects as job-security of floatingpopulation, integrative social security of European Union, and educational equity offloating population, aiming at using for reference their experience to put forwardspecific and feasible practical experience on establishing our country's institution ofmigratory freedom.Chapter Four puts forward my own assumption on establishing our country'sinstitution of migratory freedom with other country's experience for reference. First, itargues about inevitability and feasibility of realizing migratory freedom in our country,tries to establish our country's institution of migratory freedom in light of China'sspecific conditions. Then , it establishes freedom of migration in constitution throughinstituting equal, permissive, uniform employment system, constituting a nationwideintegrated flow of the social security fund system, and achieving floating population'seducation fair, to assure freedom of migration be actually realized.
Keywords/Search Tags:freedom of migration, fundamental human right, floating population, rights protection
PDF Full Text Request
Related items