The Study Of The Restoration Of Migratory Freedom In The Current Constitution

Migration freedom is the basic right of human being，it has become the commonsense of modem civilized country．It is very important to each citizen，each countryand even the whole society．For a person，freedom of migration is necessary toman’living and development．For one country，she is entitling freedom of migration toher citizen not only can sign that she is a democratic and free country，and also is aimportant condition for her high developing economy．At present advocates for“resuming migratory freedom” speak very loud in every field of the society andmigratory freedom has become one of the hot topics in Chinese theoretical circle ofconstitution．Throughout the history of migration freedom，not difficult to find thedevelopment of citizens to migration freedom has undergone from a sure tocompletely deny and then to a certain extent the default process．In1954the Chineseconstitution granted citizens the freedom of migration, but the Residence RegistrationRegulation of the People’s Republic of China in1958virtually deprived Chinesecitizens of the migratory freedom Since then the Chinese constitutions hasn’t resumedit. In2004the constitutional amendment “respect and protect human rights” wroteinto the constitution，has further consummated China’s human rights situation，improve China’s human rights situation further．Therefore，the paper thinks that it isnecessary and feasible to acknowledge freedom of movement in our constitution．Thisarticle first elaborated the meaning of migration freedom，the attribute of humanrights，the legal value and so on elementary theory．Subsequently，the provisions ofour Constitution to migration freedom history is divided into four periods wereexamined，analyzed the reason of Changes in terms of migration freedom，and due tothe loss of the right to migration freedom caused by fault，finally constrainingmigratory freedom is unreasonable， It violates the requirements of socialistdemocracy，bounds up personal freedom and advancement of citizens, and grantingmigratory freedom to citizens is necessary and caters for the trend．It is key point ofthe paper，the paper analyzed the ecessity，feasibility and barriers of migrationfreedom bring into the constitution．Then the basic principle which should followfrom the migratory freedom begins，proposed to restore migratory freedom of thecurrent constitution of specific ideas：migratory freedom in our country should be inthe form of constitutional amendments into the Constitution，when the time comes the People’s Congress shall formulate a Citizen Migration Law．In addition，we shouldalso profit from foreign and Taiwan area related experience，establish migratoryfreedom associated with the household registration，employment，education and socialsecurity and other supporting systems．...