Research On The Legal Issues Of Account Migration Under Administrative Law

In2007, Chenghai, a lawyer from Beijing prosecuted the first case regarding the Hukoutransfer in China to challenge the long exiting Hukou transfer laws and regulations, whichstimulated a heated discussion within the academic circle about the freedom of Hukou transfer anda strong demand of legislating a real Hukou Law. Both in theory and in practice, the freedom ofHukon transfer is treated as an important human right, which could be traced in variouslegislations across the world. In China, the Constitution approved by the First Session of theFirst National People’s congress in1954endows the right of transferring Hukou freely to everycitizen. In1958, the first law of Hukou transfer came into existence, i.e. Decree of HukouRegistration of the People’s Republic of China, which sets out some limitation to Hukou transfer.Hereafter, those limitations have not been demolished completely until today. The currentHukou transfer policy, with various shortfalls, is against the trend of the world’s historicaldevelopment and cannot meet the needs of China’s economic and social development. Thetypical shortcoming is that it impairs the normal human resource flow which is key to thedevelopment of the whole society. The existing barriers on the freedom of Hukou transfer woulddefinitely hinder the reasonable resources allocation to the society and thus cause damages to thegeneral development. In this regard, the regulatory revolution of Hukou transfer is extremelyurgent. This article elaborates the current discussion and analysis based of Hukou transferpolicies by using abovementioned case as an start point and then reviews the Hukou transferhistorical developments from which a summary of features of China Hukou transfer would bepresented. Based on China’s current practices, this article aslo points out and analyzes the problems from legislation, jurisdiction and enforcement aspects of Hukou transfer with the aim tolearn from advanced laws and regulations from other countries and regions such as US, WestEurope, Jan and Taiwan and by comparison. To stipulate the freedom of Hukou transfer into theConstitution is a world’s trend and is a requirement of society development which is in line withthe spirit of protecting basic rights of every citizen and a harmonious society. This articlecomments on the possibility and potential obstacles of making a Hukou law to gradually changethe current strict policy into a more flexible one. Meanwhile, this artless focuses on theadministration and legal support to future implementation and further depicts the practicaldifficulties from those departments. Finally, an exploration of the feasibility of more guaranteesand assistance on Hukou transfer will be mentioned from legal relief and administration andenforcement regulation improvement aspects.