On The Realization Of The Freedom Of Movement In China

Migratory freedom is the basic human rights in the modern society, which has obtained a wide affirmation of international society, With the state respects and safeguards human rights are added to the constitutional amendment in 2004, the issue of human rights was attention by more and more people. In recent years, it has become a hot topic in each field. Thus, restore citizen ’freedom of migration has become one of the hottest topics in the theoretical circle. Due to the household registration established in 1958, rural population was rigidly restricted to migrate to cities and restricted the flow of population among the cities. Since then our citizens essentially lost the migration freedom; The 1957 constitution canceled the migration freedom directly, the form of the security migration freedom also disappeared, then the constitution did not be reinstated. With the economic and political system reform in our country, restrictions on freedom of migration is turning into a huge barrier, which restricting our country economy for high speed development, It has violated the requirements of the socialist market economy, democratic politics construction, constrained freedom and development of individual citizens. The household registration system is the biggest factor affecting the migration freedom to come true in China. In 2014, promulgated by the state council "about further advice to push forward the reform of household registration system" is an important measure to further promote the reform of the household registration system, and create the conditions to realize the migration freedom. At this point, according to the household registration system reform of the new process, this article mainly discuss the problems of migration freedom implementation in our country, the article is divided into five parts.The first part mainly discusses the basic overview of the migration freedom, from abroad, domestic and the three aspects of development history to analysis in this paper. Suggests that migratory freedom as a basic human rights have been recognized by countries around the world and in the form of law to safeguard, and Migration freedom in the absence of problems will be solved based on the experience of the international and national; To clarify the concept and content of migratory freedom, then analyze the nature of the migration freedom and its legal value, and the necessity of freedom of migration in our country.The second part mainly discussed from two aspects of necessity and feasibility of freedom for migration in our country reality problem. The internal requirement of market economy, the needs of the democratic country under the rule of law construction Speed up the process of urbanization, In line with international standards, national commitments are the necessity to push our country to realize the migration freedom in China. The feasibility of migration freedom in our country mainly include the changing attitudes of citizens has established the concept of support, and constantly improve the market economy has established the economic base, large-scale migration becomes the fact condition, the reform of household registration system have created favorable conditions for the realization of the migration freedom, other social system reform and perfecting the social conditions, the government and the public, enhance bearing capacity of reform, and realize the migration freedom will not lead to social problems difficult to control. Through the analysis of the actuality and feasibility, we known that our country has contained the condition of migration freedom.The third part analyzes the barriers of migration freedom to realize in our country. Mainly includes the ideological understanding of barriers, obstacles to theory and reality. In 1958 the law of the Household Registration Ordinance divided the residents into Agricultural" and "non-agricultural this two parts. And registered permanent residence" to formed the urban and rural dual economic model, and with the increasing sense of superiority, it is the obstacle of the ideological understanding to contempt for out comers. The 1975 constitution is cancelled "migration freedom" the constitution and constitutional amendments are not provided free migration again; And our country jurists for the study of migration freedom is appeared after reform and opening policy, most restore migration freedom is called for in the constitution, but lack of understand how to realize the migration freedom under the current circumstances in our country. This is an obstacle theory. And migration freedom is closely related to the Household Registration System, which plays an important role in the planned economy period, and under the condition of market economy, however, it has beached the citizens’ freedom of migration; education, social security, rural land use right and other accessory on the household registration. Cause the difference welfare Urban and rural residents. Thus, the household registration and related to the household registration system also constitutes the real obstacle.The fourth part elaborated the path our country free migration. Mainly from the principles and the specific measures to have a discussion. All things follow the certain principle, the development of freedom of migration without exception. mainly from the freedom principle, equality principle, restricting principle, the principle of the regularity of market economy, to ensure that the freedom of migration, rule-based. For implementation of freedom of migration barriers, and correspond proposed the solution measure to realize the freedom of migration in our country, mainly from the theoretical defects, changing the concept of ideological understanding, perfect the reform of the system of household registration system and its related analysis and specific measures to explain.The fifth part is conclusion. Discusses the significance and prospect of migratory freedom in our country...