Social Mobility And Legal Development

Now, the reform of household register system has been a hot topic, onwhich the whole society has achieve agreement ,and is looking forward to theoverall transform.Every government administration constantly adopt relatedpolicies and measures to alter this dilemma;meanwhile the academic area hasheld widespread and profound discussion on the reform to find the theoreticfoundation and guide.But the irrevocable reality is that the reform is still caughtin a difficult situation.this essay,at the realistic background,aimed to make abreakthrough pf the study of structural reform from the perspective of sociologyof law.As a specific government mechanism, the household register systembelongs to the scope of administrative law, thus follows the general rule of law asa certain kind of legal system. In consideration of this premises, it is hold by thispaper that the examination of this reform must be rooted on the background ofpresent "social transformation" ,that the break-through must be achieved at thefocus of the transformation is the change of social structure,which firstlyrepresented as social stratification.The alteration of the social structure means thesocial stratification is dividing and re-construing;while population mobility is themechanism and drive of changing of social stratification.Without the fluentmobility,it's even hard to imagine the divide and re-construe.As seen in thelogical sequence,social mobilityâ†'social stratificationâ†'social structureâ†'sodal transformation,social mobility is the beginning and key point. Thepresent household register system hinders the mobility thus hinders the overalltransformation of Chinese society.So the reform gains necessity What'smore,the order shows this reform is not simply the issue of changing of legalsystem but more issue of transition from tradition to modern society.The reformof household register system is a key-point of advancing socialtransformation,while whether it's success or not hinges on the overall process ofreform.The relationship between the both shows the internal correlation of"society" and "law". This dissertation is divided into three parts including the introduction, themain text with five parts, and the conclusion.there is all about 40,000 words.Introduction will take up the following four questions: the reason ofwriting, the present situation, the theoretical principal and object of this article.The body consists of five parts.The first part analyze the subject matter ofthis dissertation—the household register system,further more discussion therelation between present social transformation and study on it. The dissertationthinks that the study to reform of household register system must be taken intothe background of social transformation, because only in this way, we can findthe essence of the problem. The second part is the theoretical foundation. In thispart, author analyzes the logical relation of social mobility, change of socialstructure and household register system, which is the logical framework of thewhole paper. The third part try to apply the historic analysis,through theprescription of the establishment, development, functional transform and thepresent stage of the reform,the dissertation makes a profound examination ofthis system from the angle of rationalization of social structure. The fourth partanalyzes profoundly that why the household register system hinders the socialmobility and at last hinders the Chinese social transformation. Then we will havea profound critic to un-rationality of the household register system. The fifth partis legislative advice on household register system given by the author.Inconsideration of the previous grounds of argument, it is supposed that the debateis not based on "to be or not to be", but focus on how to reform the exit system,to construct the new system keeping face with time.In the near future, it isnecessary to draft Law of Population Registration to promote rural-urbanintegration.The conclusion shows that, the reform is the action of the socialtransformation. Whether it success or not depends on the situation of the socialtransformation. So the discussion on the reform must be based on thebackground of the transformation, and we have more things to do in the future.