On Freedom Of Movement

This particular article seeks to provide theoretical foundation for the confirmation of freedom of migration in our country through the investigation of the necessity and possibility for confirming freedom of migration in our country. The article consists of five parts: Part One mainly defines the concept and quality of freedom of migration. The author separately defines the concepts of migration in the sense of human rights and civil rights beginning with the concept of migration in the sense of demography. Then, through the retrospect of the history of the freedom of migration in the whole world, the author further analyses the quality and limitation (or exception): the freedom of migration is in the category of personal freedom and important in both politics and social economy: the performance of freedom of migration is limited by the protection of state safety and social public order. Part Two reviews the main contents of the three historical stages for the legislation of freedom of migration of new China as well as the background for the legislation by means of historical research; besides, it also points out limitations and unworthiness of current legislation for the freedom of migration and relevant policies. Part Three mainly discusses the necessity for the confirmation of freedom of migration in our country from five different visual angles. Firstly, the freedom of migration is inalienable human rights accepted by the whole world for its justice universally acknowledged. According to the constitutional principle of "freedom from ban of law" and basic human rights being limited by law only, the freedom of migration should be confirmed and also should be limited by law in our country. Secondly, under the conditions of socialist market economy, the confirmation of the freedom of migration adapts the necessity for the effective allocation of production factors and the market adjustment of industrial structure. Thirdly, the confirmation of freedom of migration embodies the value pursuit of equality and order, which is the necessary for keeping the social justice and social stability. Fourthly, the confirmation of freedom of migration is necessary for accelerating the process of Chinese urbanization and modernization. And lastly the freedom of migration is beneficial to give full scope to peoples' enterprising spirit and is the catalyst for social advance. Part Four discusses the practicability to confirm the freedom of migration in our country. Both the foundation of socialist market economic system and the development of society and economy have built a strong social and economic base for the confirmation of freedom of migration. A series of systematic renovation including the reform of the household registration system, the reform of household contract responsibility system and the reform of urban welfare system have built a systematic base for confirming the freedom of migration in our country in the past twenty years. And we also have got an ideal base in confirming the freedom of migration in our country. As to the social problems in migration, the author believes that it is not certainly linked to the confirmation of freedom of migration; and if we limit the freedom of migration, it is not beneficial to solving the contradiction. What is more practical and positive is to confirm the freedom of migration gradually, guide the orderly circulation of population and realize the perfect inter-dynamic. Part Five gives the principles and assumptions of the legislation for the freedom of migration in our country. The particular legislation for migration should follow the value principles of freedom first, and then the value principle of equality and last the principle of social utility. Here the author suggests that the legislation for the freedom of migration should be confirmed in the form of constitutional amendment, and further epitomized in the form of the legislation of the National People's Congress; at the same time, the process of the reform of household registratio...