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On Freedom Of Movement

Posted on:2007-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z G LiFull Text:PDF
GTID:2206360185971772Subject:Law
Abstract/Summary:PDF Full Text Request
As a fundamental human right entitled to citizens migratory freedom has been acknowledged by the constitutions , laws of each country as well as international human right treaties.In1954 the Chinese constitution granted citizens the freedom of migration, but the Residence Registration Regulation of the People's Republic of China in 1958 virtualy deprived 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.In recent years, one of theoretical research points that citizen must enjoy live freedom and migration freedom. To on human rights is restore the citizen right of live freedom and migration freedom, develop the productive forces, provide the selection of the path of overcoming peasant dificulties. Household register system is an important legal system in Chinese administration. But due to the various reasons, this system has much age-old malpractice till now.The present stage, the Chinese citizen dose not enjoy the right of live freedom and migration freedom. The major impediment is that the decrees in efect don't admit the rights.Part One mainly discusses the basic theory problem looking back the origin of freedom migration at two aspects of the nature and law. The freedom of migration is the right to migrating and setling freely while regulated by constitution and law .It is a personal freedom by nature and at some degree it is a social and economic rights.Part Two .Firstly defining the concept and quality of freedom of migration .Secondly makes a demonstration research on the freedom of migration constitution criterion to some extent ,which includes three aspects of the general criterion restrict criterion and protective criterion,In Chapter Three of the the author is continuing to investigate the transition and existing circumstances of the migration system including the Constitution and the household registration system in our country, so as to compare with the rationale about the freedom of residence from the angles of jurisprudence and system, from which, we could not only catch sight of the historical estriction on our migration system, but also be aware of the rational way of the reform.In Chapter Four of the system construction of the freedom of residence in our country,besides the above, the author is proceeding to analyze and demonstrate the actual...
Keywords/Search Tags:freedom of residence, floating population, control of domicile
PDF Full Text Request
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