On Freedom Of Movement

As a fundamental human right entitled to citizens migratory free-dom has been acknowledged by the constitutions , laws of each country as well as international human right treaties. In 1954 the Chinese constitu-tion granted citizens the freedom of migration, but the Residence Regis-tration Regulation of the People's Republic of China in 1958 virtually de-prived Chinese citizens of the migratory freedom Since then the Chinese constitutions hasn't resumed it.With the deepening reform of economic and political institutions, constraints of migratory freedom have become a huge obstacle hindering the rapid growth of Chinese economy. It violates the requirements of so-cialist democracy , bounds up personal freedom and advancement of citi-zens , and also leads to a negative culture in which the urban citizens look down upon the rural citizens. In a word, constraining migratory freedom is unreasonable and granting migratory freedom to citizens is necessary and caters for the trend.At present advocates for "resuming migratory freedom "speak very loud in every field of the society and migratory freedom has become one of the hot topics in Chinese theoretical circle of constitution but this study is mainly focusing on the necessity of resuming freedom . As far as a right concerned this study is thin . The article aims at systematically explore the migratory freedom so as to enrich its study.Except the introduction this article consists of three parts.Part 1 defines domestic migratory freedom as that in the scope per-mitted by the law and in the premise of right guarantee, all citizens have the freedom to choose and change residence . Next this part explores thenature, legal status and value of migratory freedom.Part 2 reviews the evolution of migratory freedom and makes legal analysis of the characteristics of each stage of migratory freedom.Part 3 is concerned with the legislative thoughts on citizen's migra-tory freedom . Based on considering the necessity and possibility of mi-gratory freedom , the author believes that first the migratory freedom shall be definitely declared as citizen's fundamental right by the form of constitutional amendment ,then the People's Congress shall formulate a Citizen Migration Law and residence management shall change from mi-gration approval to migration registration.