Analysis On Legislation Restrictions Of American Freedom Of Migration

Nowadays, in the United States, citizens’ freedom of migration has been duly guaranteed on the legislation, but there are some restrictions on the rights. In China, some scholars have been involved in a heated discussion on how to better protect the citizens’ freedom of migration on legislation. However, reasonable restrictions of migration are lack of attention and research. Chinese household registration system reform is underway, of which how to make jurisprudential and practical restrictions on the freedom of migration is unavoidable. In order to seek better reform measures to protect Chinese citizens’ freedom of migration fundamentally,detailed studies on the legislation restrictions of freedom on migration in the United States are conducted in this thesis.This thesis uses the methods of literature research,comparative analysis and empirical analysis. First,it gives a new interpretation on the concept of migration rights. The rights on migration are changed and expanded with social and historical conditions, from the natural rights into the human rights and eventually becoming the citizens’ fundamental rights which have been recognized by international organizations and many countries. Then, it explored the relationship between the restrictions of freedom on migration and the restrictions of fundamental rights and clarified the jurisprudence of the restrictions on the rights of migration that includes thelegitimacy and the basic principles of freedom of migration as citizens’ fundamental rights. And then, it reviews the history of the legislation restrictions on the rights of migration and summarizes the current performance in the United States. From both positive and negative interpretations of migration restrictions,it concluded the hard experience from the unreasonable restrictions to the reasonable restrictions in the United Stated.Finally, it gives a conclusion that we can learn some of the experiences from American freedom of migration system. We should set up a positive and rational attitude toward China’s strictly restrictions on the rights of migration. We should comply with basic legislation principles when we conduct the restrictions of the freedom on migration.