A Genealogy Study Of The Freedom Of Migration By The Perspective Of Demographic Management

The most basic element of human social relationships is to determine the interestrelationship, the distribution of rights and obligations is The most typicalmanifestation of interest relationship. Demographic management is considered to bethe social management of demographic behavior and events, which for certainincluding the distribution of rights and obligations, and the distribution of thefreedom of migration is the main study object of this paper. Hoping one day that thefreedom of migration would be written into the constitution, this paper is trying to usesemantic analysis, value analysis, comparative analysis and historical analysis methodto genealogically card and study the developing process of the freedom of migrationin all lands, in a nomology view, aiming to answer what is the freedom of migration,what is the relationship between this right, demographic management and householdregistration system, and how this right formed, and developed, thereby to explorehow to protect this right in our country, and the value orientation of the householdregistration system reform polices.In this paper, the basic understanding of the concept and the core ideas mainlyare: the freedom of migration is the right that allowing citizen to be eligible to chooselegal residence willingly, which belong to personal liberty category. Because of theunique rigor and effectiveness of the household registration system, become a naturalcarrier record basic information of demographic management, there are two kinds ofmodes of demographic management to distribute rights and obligations, one is basingon the household registration system, the other one is not base on this system.Migration is either ignored or added side conditions, according to the demographicmanagement which bases on the household registration system. Thus, we may get theconclusion that unwillingly migration is due to the demographic management whichbases on the household registration system. And only in this way the householdregistration system could gain the control power over migration. What closelyassociates with the freedom of migration is the household migrating system, not the whole household registration system.This paper is trying to do comparative study on the household registrationsystem and migration policy of ancient China and ancient western, the legislationcases of modern and contemporary China, the USA, France, and Japan in the sense ofgenealogy research. And the main focus is on the household registration system andhousehold migration policies in the history of our country: the household migrationpolicies of ancient China was considered to be a means of control on citizen whichcontains four characteristics; the household migration policies in any period ofmodern China was expressly recognized in law; there are free period, strict-controlperiod, and reform period since the PR. China was founded. Dual householdregistration system restricts the social development, leading unfair treatmentsbetween urban and rural residents in the matter of vote, employment, education,social security and basic consumption. Thus, the calling of the freedom of migrationis becoming stronger and stronger.Taking the foreign legislation cases as an example, the main idea of thehousehold registration system is to provide the basic information, rather than tocontrol migration. The freedom of migration is recognized and protected by thesystem, furthermore, it is the kind of demographic management which not bases onthe household registration system. From the historical point of view, the freedom ofmigration would not being proposed as a requirement because the breeding conditionswere not yet complete either in slave society or in feudal society. Consider the valueof the law, whether the migration is free or not, depends on the game of the ordervalue and the free value. There are different kinds of historical legitimacy in differenthistorical periods, the freedom of migration would naturally be recognized andprotected only when the identity society turns into the contract society. According tothis conception and the situation of our country, this paper advises some measures tore-establish the freedom of migration from four aspects.