The Study Of Free Migration

The right of free migration is an essential right for modern citizens, which is ensured by the constitution and the law for free leaving any original residence to another (including domestic and abroad) for travelling or settling. The right of free migration is specified in most of current countries'constitution and international conventions. Even in ancient China, it could be found in some corresponding files. However, for some reasons, especially with the promulgation of the "The People's Republic of China Household Registration Regulations" in middle 1950s, the right of free migration in China has been existing only in name. None of the subsequence constitutions has regulated it any more. Whether to follow the trend of international human rights protection, or to meet the objective demands of the market economy, or to satisfy the requirements of the urbanization and economic development, the restoration of the freedom of migration in constitution for our citizen is needed in urgent. And this is also the core to build a harmonious society in China.Retrospection of the derivation of the right of free migration is necessary if we want to retrieve the missing rights. Based on the human instinct and using some biological and psychological technologies, the first section of this thesis concluded that migration is an instinct behavior. Survival and more excellence drive human to migrate. The right of free migration is an instinct right for human. The right of free migration is consisted of migration and freedom. This thesis illustrates the generation conditions of the right of free migration on the discussions of the nature instinct of it. Moreover, this thesis investigates development of the right of free migration from the phenomenon of life to the basic rights of human and, ultimately legalized.The right of free migration is an instinct right, and every citizen should enjoy it as a basic right, which enables us to query the reasons why it has not been carried out in constitutions. Through the analysis of its existing only in name in middle 1950s and the possibility of the implementation of it in today's China, a strong call for the right to retrieve is proposed in this thesis. The realization of the right of free migration is a complex and tortuous road. The proof of the rationality of its existence does not mean that we can immediately realize it. Several undivided steps are needed to realize this right. Besides the specification of it as a basic right for citizens in constitution, the corresponding supervision and relief facilities should be established too. At the same time, reforming the household registration system, establishing the social security system, developing the town economy and improving the quality of the peasants themselves should be executed in parallel. The freedom of migration could only be realized by the accordance of the above proposals.