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Research On The Protection Of Citizens' Freedom Of Migration In China

Posted on:2020-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:S X DengFull Text:PDF
GTID:2416330578951873Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The right to freedom of movement is a basic human right that citizens of modern society should enjoy.Most countries' constitutions also regulate the right to freedom of movement..With the development of China's market economy and the needs of urbanization,it is inevitable to guarantee citizens' freedom of migration,especially the pursuit of freedom of rights and equal value.Whether it is to comply with the global economic integration,or from the basic national conditions of our country,restricting the free migration of citizens is out of date,and it is reasonable to determine the right to freedom of movement in the Constitution and related laws and regulations.According to the historical background of the concept of freedom of movement,a more thorough analysis of the concept of freedom of movement can be made.In terms of the meaning and nature of the right to freedom of movement,the right to freedom of movement is a comprehensive right that contains multiple meanings and has the characteristics of personal,economic and political.The core of its rights should also include justice,equality and order.Through the historical investigation of the migration of modern population in China,we can find that the migration of citizens has gone through three stages:free migration,strict restriction and semi-opening.Judging from the status quo of the protection of rights,the Constitution and the law are more general about the content of rights protection,and it is difficult to apply in practice.Although the government's regulations on household registration,education,and social security have relaxed restrictions on citizen migration,the effectiveness is not obvious.However,the realization of the right to freedom of movement of Chinese citizens still has great obstacles.The protection of citizens'freedom of movement still has many problems to be solved.For example,the Constitution lacks clear regulations on the right to freedom of movement,lack of legislation,household registration system and related systems.What is more,the municipal governments in our country are based on the lack of laws and implement local policies to interfere with the free flow of the population.In short,the guarantee mechanism for the freedom of citizens to migrate in China is largely in a vacuum.In view of the problems arising from the protection of the freedom of migration of Chinese citizens,the provisions on the freedom of migration in the foreign constitution and the household registration system will be studied,which will provide experience for the protection and realization of the freedom of migration of Chinese citizens.Finally,in order to build a more perfect system of freedom of movement,the right to freedom of movement should be written into the Constitution,and the exceptions to the exercise of the right should be clarified.The right to freedom of movement should be determined in civil law and administrative legislation,and legal protection should be given.At the same time,the reform of the household registration,education,housing and social security systems should also be followed up to solve the problem that the basic rights and interests of citizens after migration cannot be treated the same as local residents.The government should also abide by constitutional and legal obligations,reduce administrative interventions for citizens'migration,adapt to the laws governing the development of the market economy,and adopt a scientifically controlled floating population regulation mechanism.
Keywords/Search Tags:freedom of migration, constitutional guarantee, household registration system, education system
PDF Full Text Request
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