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China's Household Registration System Is Investigated

Posted on:2008-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:G ChenFull Text:PDF
GTID:2206360215461492Subject:Law
Abstract/Summary:PDF Full Text Request
The freedom of remove is the citizen's fundamental right, it ought to be an important constitution right of the modern country, is a basic human rights of the modern social citizen's too, realize the affirmation and guarantee of value in life to the thing that the citizen pursues happiness life, it has already got the general approval of the international community. Guarantee in human rights one important reason that constitution produce, it strengthens to be modern a development trend of constitution to basic guarantee of human rights. The first constitution that our country issued in 1954 has stipulated that citizens had the freedom to live and migrate. But" the People's Republic of China registered permanent residence register the regulations" for the sign" with what 1958 issue, government begin about population it flow it if implementing , limit freely strictly,urban and rural residents people for last " registered permanent residence not agricultural " household register not different from two kinds of " non-agricultural registered permanent residence ". Under this kind of household register system, " registered permanent residence " is not only the embodiment of a kind of identity, but also the affirmation enjoying right to resource , interests, the household register has born the weight of a lot of additional functions too --Employment , education , other social security affairs of the house , medical treatment and citizen. Though current household register system has supported China's industrialized starting at first in history, but the social cost paid is great, lose the justice apparently , has lost benefit. Though it has suppressed the population expansion of the city, the vigor of the social development that suffocated at the same time , make population flow and stay cool for a long time , has violated the universal law of modernized development and equal principle of socialism; Its though making this one of ours " poor and underdeveloped " , populous small-scale peasant economy country, pass the development strategy that the heavy industry has priority , this industrialized special historical process that promoted the country in a short time, but at the same time the sluggish process of the urbanization, make the urban function shrink in an all-round way, and has formed the " the urban household register worships " psychology of the society on the spiritual aspect , and even cause the degradation of quality of the population, the working rate of agriculture is low, people in the countryside pauperization, a series of social concerns that the differentials between town and country are widenned ,etc..The household register of our country is long-standing in management, see Yu Qin offer for common ten years (375 B.C. ) first in formal record about household register, have more than 2,000 years so far. Dynasty period, to the Han and Tang dynasties, institutionalized from Qin progressively in management household register have, have set up from Ministry of Revenue of central regime to the state , county , township household register management system. The household register records all the people's population and land of one, all check people, collect a rank-and-file soldier, sends the forced labour , collects the taxes to all regard household register as the main basis. The dynasty replaced, the household register changes hands, this kind of state prolonged until the Ming and Qing dynasty. The past dynasties ruler always regards number of registered permanent residence as national power prosperity and decline and society and manages the messy sign , the increase and decrease to the registered permanent residence is extremely paid attention to. Past dynasties emperor attach great importance to household register, is it rule , exploit, enslave the people to regard it as, maintain the important tool of its feudal regime .Registering the regulations in household register made in the early period after the foundation of New China, one of the purposes is for the state monopoly for purchase and marketing, the overall arrangement workforce obtains employment and controls the scale of urban population, but it's a pity between city and city , between the city and township, have " dug out " a insurmountable wide gap . Born in countryside, seem to be nailed on the barren yellow land forever by a rural registered permanent residence, act the target of " unified purchase " year in and year out, go to bear the inequality trade brought of " scissors difference " of the industry and agriculture products. Born in city, an urban registered permanent residence seems to be a hereditary certificate, representatives enjoy several rights , such as various kinds of par agricultural byproducts , munificent financial subsidy and national overall arrangement entering school, employment, house ,etc. of " state monopoly for marketing ", determine the destiny of a person , whole family even several generations. This kinds of people for to divide into family and the way of household not non-agricultural not agricultural, make Chinese destine the lieutenant general in life in the future to have different welfare treatment as soon as born in oning, such as the health care, go to school and obtain employment , endowment insurance, unemployment compensation ,etc, get in touch with the registered permanent residence closely invariably . Meanwhile, transfer the agricultural family to non-agricultural one, one moved to the city and did its strict condition of accumulating to limit in agriculture. This kind of registered permanent residence management mode of two yuan structure limited to freedom of remove strictly, treat to social members with a certain discrimination artificially, different household register, offer different identities, implement the discriminatory treatment. The management of the household register was originally only resignation systems of people of a kind of family, but all sorts of welfare and rights and interests added on the current household register, make registered permanent residence lose simple meaning , make registered permanent residence like " supernatural incantation ", not merely people regular sure place too, a unit, and cause the natural inequality between citizens. Such unequal household register system, violate constitution equal principle and " country respect and not to ensure human rights " regulation without exception in front of law about citizen, encroach on fundamental right of citizen, become Chinese society to regard right as key value, with modern obstacle that society governed by law makes the transition that law cure mainly. Current household register system make citizen's lost migration and inhabit freedom , thus encroached on the citizen's dignity , freedom and equal rights, encroached on the citizen and pursued the happy right, the progress of hampering Chinese market economy's progress and rural society too at the same time ; Under the household register system of dividing and ruling in the urban and rural areas, the normal flow of the workforce with necessary market economy can not be got, the normal order of market economy can not take shape either. It is the basic intension that everyone is equal in front of a law that the personality right is equal, is the basic intension that the human rights ensures too. However, the regrettable one is, the reality of bringing up citizen's personality of our country with unequal right of social structure of two yuan that the current household register system establishes. In the city today, nearly all dirty , hard , bad work become peasants' "patent". Even if peasant's engineering is with citizen a unit work, but he can't add up to the length of service like citizen's regular employee , can't evaluate the title for technical personnel , can't get the chance to receive a training and training , is not promoted the hope promoted , can not divide the house, can not enjoy socialized medicine , retired treatment , there is no unemployment compensation, meet economy depressed or government improve and rectify , can make it become for target that clear up and discharge unconditionally at once. Such as the present stage, the urban unemployment of our country and laid-off phenomenon are severe day by day, a lot of local governments regard outside peasants who work as the obstacle of urban worker's employment, thus made a series of policies of repelling and discriminating against peasant's engineering employment. In fact, peasant worker build floor, repair the roads, build bridge for city , make common people of city life more comfortable , more convenient; They take land on lease to plant the vegetables , sell the vegetables in the suburb , make residents of the city eat the low-priced fresh vegetables; They pick up the wasted product, sweep in the street, make the environment of the city cleaner , neater These dirtiest, most bitter , most tired edge service trades, citizens of the city will not do absolutely . But what kind of treatment has peasant's engineering been received again? The urban resident is while enjoying the achievement of peasant's engineering hard-working, but despise peasant's engineering . " population from other places " taking peasant's engineering as subject has even become the functional department and explained the natural excuse failed to solve slowly in numerous problems. In a certain meaning, actually " peasants " were only a kind of job call, meant the population engaged in agricultural production specially, should be in the totally equal position like person engaged in any other jobs, current household register management system divide whole citizen into " people in the countryside " and " not the people in the countryside " two major camps, peasant not only one job call, one can't alter easily, and need identity that adopt from generation to generation even more. The registered permanent residence makes them dissociate from big city which they yearn for. Have household register , mean a lot of proper rights and interests of them ensure too, their identity is not approved by the society where one stays . Peasants workers are difficult to enjoy the normal citizenship right. Our country implements the management system of the temporary residence permit to the floating personnel taking peasant's engineering as subject , the temporary residence permit has existed following reform and opening-up for nearly 20 years. A Chinese citizen, come to the city from the countryside, on a edition of soil of one's own motherland, but can only stay temporarily , this can't but be a kind of grief. With the constant promotion of reform and opening-up, the preliminary setting-up of market economy, the freedom of remove is paid close attention to more and more by various circles of society of our country, Chinese Government at 1997 been too it and can't sign respectively after 1998 ?right not economic, social right and cultural right international convention? and "citizen's right and international convention of the political right". Among them " citizen's right and international convention of the political right " and " Declaration of Human Rights of the world " have stipulated the citizen's right of freedom of remove. The fourth amendment of constitution in March of 2004 of our country, increase the 3rd paragraph of article 33 , define that " the country respects and ensures human rights " for the regulation. So, no matter from the need or the main trend of the international community and request for the international treaty of performance of the domestic social development, establish and ensure the freedom of remove in the constitution , in law , has already brought into schedule. In recent years, although the system of the household register is gone through and adjusted, remain a kind of identity system generally, the system of a kind of constraint individual freedom, reform the system of the household register completely , realize the freedom of remove, it will be a major issue with milestone meaning in the progressive history of China's democracy , is sustainable economic development and modernized urgent need. How to treat the household register system of two yuan? What kind of system of household register should China set up (the law of population registration)? Which kind of mode review of constitutionality should China establish? All these are needing the clear and problem solved badly at present.In view of this, I plan to pass the investigation of the historical background and evolution set up to the Chinese household register system, announce this infringement of Chinese citizen , especially peasant's human rights of system, is it should cancel existing 2 household register immediately to propose , make the system of household register taking registering the way afterwards as mode; Set up and perfect the review of constitutionality, ensure the correct implementation of the constitution , ensure the citizen's fundamental right; Improve the present small town development strategy, concentrate the resources , such as fund , talent, science and technology , technology ,etc. on setting up the big city and taking economy, thus spur the whole economic development of China, on the basis of optimizing the environment, economizing the energy, improving the whole people's quality, keep the sustainable development of economy, build the harmonious society democratic , governed by law of China.
Keywords/Search Tags:grade household register system in urban and rural areas, basic human rights, the freedom of remove, big city in urban and rural areas, the violation of the constitution is examined
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