The Development Of The Freedom Of Migration In Chinese Constitution

The freedom of migration is one of the fundamental rights. With the developingof the market economy in China, and the consciousness of civil rights constantlystrengthen, the voice of the right of migration must be written into the Constitution isbecoming more louder. The freedom of migration had transformed three differentstates in four constitutions since the founding of new China. From the beginning ofChina is founded, both “The Common Program of the Chinese People’s PoliticalConsultative Conference” and the Constitution written in1954protected the freedomof migration; then the1975Constitution abolished the freedom of migration, after thatit didn’t reflect on the Constitution in1978; Until the reform and opening up, althoughthe1982Constitution didn’t stipulate the freedom of migration, but the freedom ofmigration had been acquiesced in the reality.The article is trying to demonstrate the history of the citizen basic right---thefreedom of migration in Constitution of China by analyzing the four constitutions’attitude to the freedom of migration. Draw a conclusion that the freedom of migrationshould be protected in China, it not only need a market economy as economic basis,but also has a good constitution implementing environment. Through several cases inthe introduction, civil get unfair situation due to lack of the freedom of migration,Chinese need the freedom of migration is written into the Constitution. The article isdivided into four parts. The first part is mainly talk about the basis theory of thefreedom of migration, this article use the narrow sense of the right of migration. Thenexplore the complex nature of the right of migration through the diversity of itsconnotation. Put forward a view that the personal freedom and economic freedom areindispensable to migration liberty properties combined with the domestic scholar’sthree views. And focus on introduce the economic freedom attributes, in order todiscuss the relationship between the market economy development and the migrationliberty below. It also is bedding to talk about the value of migration freedom writteninto Constitution by discussing from the nature of the right of migration to the role ofthe right of migration. From “The Common Programme” to the1978Constitution, theauthor analyzes each constitution and constitutional documents on the attitude of theright of migration and reason in the second part. Based on the upside analysis theauthor draw a conclusion that the migration freedom is a product of the development of commodity economy. People’s needs of migration are not very strong in the feudalera and the era of planned economy, or be limited strictly. Economic basis determinesuperstructure, superstructure reaction to economic foundation. Only under the marketeconomy, the right of migration will have enormous demand. A requirement ofmarket economy is reflected in the constitution inevitably, through the protection ofthe right of migration stipulated in the constitution, not only China can promote theguarantee of human rights but also to promote the development of economy. The thirdpart is emphatically analyze the reason why the Constitution in1982didn’t regulatethe right of migration even it accord the needs of economic foundation and the rule oflaw environment. Citizens only move from rural to urban areas but can not migrationin urban in China, they can transfer to urban but can not enjoy the equality of all kindsof welfare. All the institutional interests of the household registration have not onlyeliminated by migration, instead, it becomes intensified and lead to Urban-rural dual.At the same time it didn’t really guarantee citizens’ the right of migration when thepolicy is tinkered in a small area. China wants to introduce a market economy; themarket economy will inevitably require the free movement of labor. It is bound toaffect the development of the market economy if the government hesitates to restrictthe freedom of movement of citizens. Therefore the right to freedom of movementmust be written into the Constitution.In final part, the article analyzes the value and feasibility of the right to freedomof movement into the Constitution on the basis of the right to freedom of movementmust be written into the Constitution. And prospects the biggest obstacles in the futurethe right to freedom of movement is written into the Constitution. It is imperfectsupervision of the Constitution would lead to citizens can not get proper relief afterthe violation of the fundamental rights. China should establish the mechanism of reliefprotection of citizens’ freedom of migration, in the system that from the fundamentallaw of the Constitutional Review to the specific legal administrative proceedings.Then the freedom of migration can be protected thoroughly.