Research On The Freedom Of Migration Under The Background Of New Urbanization

Freedom of migration is a fundamental human right. Through different ways,many countries make the protection to the right of the freedom of migration. TheConstitution of the United States’ way is establishing of the case right of the freedomof migration, some European countries, such as Germany, France, protect it in theConstitution to freedom of movement.This is the right way to make the protection offundamental rights. In addition, international human rights documents and other filesthree intercontinental human rights of the freedom of movement as a fundamentalhuman right to be prescribed and protected. Contrast the above, since the1982, ourcountry’ constitution abolished the right to freedom of movement, this should be theprotection of the fundamental rights of lost legal protection basis. With thedevelopment of market economy, on the right of the freedom of migration in theConstitution are increasingly vocal, academic research for the right of the freedom ofmigration, more and more, but they are confined to the theoretical research methods,namely through migration make the concept and nature of the right to freedom ofdiscrimination, the right of the freedom of migration is derived human fundamentalrights which should be protected conclusions presented should be entitled to re-writethe constitution migration protection. Such research method, although the freedom ofmigration be able to make a clear theoretical issues discussed, but there are someflaws. As India’s leading academics, Nobel laureate Amartya Sen When talkingabout justice issues pointed out:"a set of practical reason can be used as the basis ofthe theory of justice must include over how to reduce injustice and promote impartialevaluation of the method, rather than just an absolute commitment to portray justsociety."Therefore, when we research on the freedom of migration, the right way isnot only to consider the legitimacy and justice, but also to consider the impact of theright of freedom to movement real factor. Therefore, we will put the right of freedomto movement to the background to research, which is that the rapid development ofChina’s market economy and the new urbanization. Then establish movement measures and proposals to protect the freedom of migration of citizens on the basis ofthe analysis about these factors. The spirit of discovery issues, ask questions, analyzeproblems, problem-solving ideas, the author through value analysis, jurisprudenceanalysis, comparative analysis, real analysis, make a detailed study of the freedom ofmigration. Liberty is the right to liberty of movement is a fundamental human right,which included the right to equality in nature. Its meaning is citizens have the rightthat is choosing whether to leave the original place of residence, place of residenceand moving into the new residents and getting immigrant rights equal treatment.Therefore, it should be protected by the freedom of migration. However, theprotection of the freedom of migration is facing enormous challenges, because of thereality of the social context, namely the new urbanization strategy as well as ourexisting household registration system. On the one hand, because the proposeddevelopment of market economy and new urbanization strategy for freedom ofmigration put forward higher requirements, the provisions of "EmploymentPromotion Law","Social Security Act" and other relevant laws, to a certain extent,promote the protection of the right to freedom eve; on the other hand, our unique "dual system" of the household registration system and the social security systemestablished on the basis of the freedom of migration hindered the protection ofmigrant workers, and our current land expropriation system and the protection ofrural property rights system so that the right to freedom of movement of farmersinto another dilemma. Through the measures proposed in the feasibility analysis ofthe freedom of migration on the basis of factors that affect the reality of the gradualelimination of barriers to protect the freedom of migration. Through amending theConstitution and establishing the "Household Registration Law" to improve the legalsystem to protect the freedom of migration, and then gradually reforming thehousehold registration system, land system, the social security system, educationsystem, employment system, etc., peeled attached to the accounts of the variousinterests to cooperate with other reforms, through all the ways the freedom ofmigration of citizens can be protected. I believe that through the establishment andimprovement of protection of the freedom of migration of the legal system, as well as related ancillary system reform and improvement of farmers’ rights of the freedom ofmigration gradually be protected.