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The Study On Equal Rights In Chinese Present Houshold Registration System

Posted on:2009-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J H HaoFull Text:PDF
GTID:2166360272992200Subject:Legal theory
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The present census register management system of China has been institutionalized on January 9th, 1958. The Household Register Institution of China determines the census register system which makes a difference between city and countryside in legal form.The present census register system has made everlasting contributions to China's socialist construction. With the rapid development of market economy, it, however, more and more reflects its institutional defect in the fields of civil economic and social life. The defect generally manifests as that its functions of neutral population statistics, citizenhood confirmation have been twisted badly, the functions of security maintenance has been intensified, and the functions of restricting population movement and creating difference on profit distribution have become the main part. All of these gradually lead to the solidification of civil unequal status and create unequal rights between urban and rural residents.As a basic right, equal right, on one hand, claims that each person enjoys the equal fundamental rights. On the other hand, there should be complete equality in the proportion of one's contribution to one's rights. Meanwhile, the equal right exists mainly as a fundamental right in constitution, and dominates in constitutional's system of fundamental rights.It exemplifies its contents through equality of nationality, sexual equality, political equality and other fundamental rights, which is a principled and recapitulative fundamental right.Without equal right, any specific right can't be implemented. It is the foundation for citizens to exercise their constitutional rights.The present census register system of which the functions have been twisted has brought about a series of negative consequences, for example, the solidification of citizens' unequal status, the unequal rights between urban and rural residents, the obstruction of element's free flow, and the influence on the development of market economy and on urbanization, and so on. Therefore, in the value of institution, this system comes into obvious collision with equal right both on the form of realization and their contents.The present census register system includes many obvious inequalities on citizens' fundamental rights, such as political participation, social economy, cultural education and so on, which shows that it can not meet the demands of justice raised by equal right.By analyzing the equal right which included in China's present census register system theoretically and realistically, this paper reveals the collision between present census register system and equal right, as well as the cause of it. Therefore, combined with the theoretical research and practical development of census register system reform, this paper puts forward we should introspect the reform of census register system from the angle of recovering equality, make clear the standard value of the reform, that is to say, we should take the protection of equal right as the standard value of census register system reform. We should stick to the principle of solving it step by step, and adopt active and effective measures, so as to take the promotion of status equalization as a strategy of census register system reform, and take the functions' reformation as its measure. The reformation of functions means to call off the subsidiary functions which are unreasonable, to cancel the functions which restrict citizens' freedom of migration and to strengthen the functions which manage the system.
Keywords/Search Tags:Houseld Registration System, Equal rights, the Dualistic Household Registration, Function, the Household Registration System Reform
PDF Full Text Request
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