The Theory Of Citizen's Right Of The Free Movement And The Construction System

Protection of human rights is a fundamental value of the concept and spirit of the modern state of law by adhering to,and in the protection of human rights consciousness are on the rise today,as the right to freedom of movement,one of the basic elements of human rights has also been widespread concern.Freedom of movement is a fundamental right of citizens should enjoy,for the individual,it is about personal survival and development,in countries,it is the country's emphasis on human rights protection flag.Today,most countries in the world to be the protection of this right by the Constitution,international human rights treaties the same right to freedom of movement will be included in the scope of protection.However,China's current laws and regulations,the right to freedom of movement not only not been protected by the Constitution and the common law,but because the household register system subject to many restrictions.In the urban and rural household registration system introduced at the beginning,for the maintenance of social stability and indeed played a positive impact,but with the continuous development of market economy,large-scale labor migration has become the norm,the urban and rural household registration system not only hinder become free movement of labor is a barrier,but also contrary to the values of equality,its drawbacks have been fully exposed.Therefore,given the fundamental rights of citizens to freedom of movement is not only a strong call from the community,it is the fundamental requirement of the constitutional state.Freedom of movement is a compound having the property rights,not only within the scope of the right to personal liberty and economic freedom also have close ties,but also both equal property rights,this complex determines the fundamental rights to freedom of movement as special,it needs to be protected by the Constitution.From the content of the right to freedom of movement,in addition to having a human body moving autonomous meaning outside,and immigrant residents enjoy the same treatment as the freedom of movement is a fundamental right of the proper meaning.However,the right to freedom of movement in the history of our country has experienced an unusually tortuous process,the main reason subject to the prevailing socio-economic conditions,lack of backward traditional ideas,theoretical research as well as the household registration system based on the household registration system and the establishment of institutional obstacles on other supporting systems,so that this right has been many obstacles.Guarantee citizens' right to freedom of movement of far-reaching significance,it is to improve the level of protection of human rights,the rule of law China,the development of market economy and a necessary requirement to fulfill international obligations.Today,the reform of the household registration system,to support the development of market economy,and information networking technology to realize its laid a solid foundation to guarantee the right to freedom of movement of citizens the right time.In reference to foreign basis in other countries the right to freedom of movement on the protection system,integrated with China's actual situation,we should first put into the Constitution the right to freedom of movement,declared the status of their fundamental rights.On this basis,modify and improve the household registration system legislation and enact a domicile law,restore the original function of the household registration system,and further improve the household registration system and related social security,education,and rural land and other supporting systems for the realization of the right to freedom of movement provide a more favorable system environment.However,the Constitution clearly states that citizens enjoy the right to freedom of movement is a fundamental prerequisite for the realization of rights,so as to provide a legal basis for the reform of the household registration system and supporting.