On The Freedom Of Movement

With the development of society and economy, civil society and the social concept of rights era background, the rights of citizens more and more, all sorts of rights also in succession from the "ought to be translated. However, because of many types, various rights of different nature, therefore, scholars from different points of view, to the right of the classification and system construction of a country, and the right system as a measure of law society standard. The citizen’s freedom of migration, believe that it is a basic human right, is an important civil rights, it has got the general self-identity of international society. The protection of human rights is the constitution have an important reason, is a development trend of modern constitution. With China’s reform and opening up constantly advancing and social foundation of market economy system, the right of freedom of movement for more and more Chinese constitutional law scholar and other social all circles to pay close attention.However, from the current constitution of our country on civil rights provisions, rights of our country system legislation is defective. The current constitution of our country stipulated in chapter second of" the fundamental rights and duties of citizens", in which the fundamental rights include:equal rights, voting rights, political freedom, freedom of religion, freedom of person, residential security credentials...... Wait. However, due to the limitation of historical conditions, our constitution to citizens basic rights provisions still exist great defects, some basic rights in the constitution to make protective provisions, such as the right to life, the right to life, property rights, freedom of migration and so on, this pair of our country citizen basic right system is established and the rule of law the development of the society will draw further apart. The fundamental rights system legislation, will be directly reflected a country to the right to respect and protect the degree, and to the fundamental rights system theory research, will reflect the people on the right to respect for and protection of traditional and philosophy, but also reflect the state of the protection of the rights of the gap between expectation and reality. On this basis, find a embodies the right guarantee and the pursuit of ideals, and starting from the practice of the fit, is a national implementation of the basic rights, earnestly safeguard the inevitable way round.Review domestic and international about the right of freedom of movement rules and theory study, will free migration rights as a citizen’s indispensable human rights, is a basic right of citizens, but our current constitution does not take it as a basic term, therefore, it is our country constitution deficiencies place. However, since it is a right, it must get its due attention and protection, in the current constitution of our country has not carried on the protection, of which we must discuss and study, in its analysis of the nature, connotation and extension on the basis of the right of freedom of movement, the nature of location, on the its connotation and extension are defined, and through the efforts of the current law research, to free migration right protection, and to the Constitution for the theoretical analysis and study, trying to find a constitutional relief road.In this thesis, I mainly from the following several aspects to citizens’right of free migration research and analysis, and for China’s constitution and the law on the freedom of migration is the protection of some preliminary conception:The first part is an overview of the freedom of migration. In this part, firstly, the right of freedom of movement of the various theoretical perspectives to explain, to clear the free migration right connotation, concept and characteristics; in the is to the right of free migration history are introduced, with its exploration right behind the establishment of the true meaning of the freedom of migration; the last is the nature of the right of and define.The second part is the introduced right of freedom of migration’s constitutional status. The first is to introduce the right of freedom of movement in the western countries the constitution status and protection methods; the second is the major international conventions on human rights to free migration rights protection legislation; the last of China’s protection of the right of free migration analysis. On migration freedom in the Constitution and international human rights convention in the constitutional position of the proof of the analysis and comparison. The third part mainly introduces our country free migration rights protection. The first is to our present constitution and the law on the protection of citizens’ freedom of migration situation carries on the analysis, then summarizes the right of free migration in our country changes and reasons of development, finally is the realization of citizen right of free migration of the advantages and disadvantages are analyzed and proved.The last part is to discuss our country to realize citizens’ freedom of migration in the best way. In our country, according to the real situation of our country and the right of free migration history and reality, the best way to realize the freedom of migration has two. One is through amendments to the existing constitution, the right of free migration in our country has become one of the basic rights of citizens; the other is based on the existing household registration management system undertakes reform, in the formulation of " The Household Management Law" on the basis of formulating special" Freedom of Migration Law", by the law of citizen migration’s migration contents and modes of migration and so on are provided, in order to achieve the purpose of protecting citizens’ freedom of migration.