On The Realization Of The Migration Freedom Of China’s Citizens

As a fundamental human right, the right of migration freedom has been written into the Constitutions of various countries or many kinds of international human rights conventions. Judging from the current situation in China, with the steady acceleration of urbanization, whether the migration freedom can be realized has become a focus of concern of the whole society. Compared with the protection of migration freedom in many countries all over the world, the content of migration freedom right has been restricted in many ways. In the academic field, many scholars frequently pay more attention on the attribute of the migration freedom which has been identified as a fundamental right. Furthermore, on the basis of the study of constitutions in various countries or different internal conventions associated with human rights, they usually suggest that the right of migration freedom should be re-written into the Chinese Constitutional Law or the legislature should enact a special law on the protection of migration freedom. However, the scholars objectively miss some key points----the realistic dilemmas which indeed hinder the implementation of migration freedom right and the primary causes for these dilemmas.In this paper, some practical methods, including the methods of document investigation, comparative analysis, summarization and value analysis, will be used to make an analysis for the realistic difficulties which hinder the implementation of migration freedom right in China. Actually, the author argues that both the planned economic system which was left by history and the serious contradiction between the China’s urban and rural areas which may cause a range of issues related to fairness are the fundamental reasons why it is difficult to realize the right of migration freedom in China. China should realize these problems and take measure to solve them. Based on the analysis of problems mentioned above, the author deems that there are three main solutions to solve these issues. First of all, the provisions of migration freedom right should be re-written into the China’s Constitution. Secondly, the rural land ownership in China ought to be specified both on the level of law and practice. At last, it is effective and efficient to actively coordinate the balanced development between the urban and rural areas, instead of the implementation of the absolute open policy of household registration. Only in these ways the obstacles which hinder the citizens’migration freedom right can be removed so that the migration freedom right protection brought into the orbit based on the rule of law.