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Research On The Path Of Realizing Freedom Of Migratio N In Contemporary China

Posted on:2021-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:J X ZhangFull Text:PDF
GTID:2416330629450785Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Today,with rapid economic development,China's urbanization process is accelerating,and cities and villages are further integrating.As the result,the coming issue of citizens' freedom of movement attracts academic attention.In modern China,"human" is the first production factor and its right space is released.The prominent issue is how to en able citizens to choose their own production and living areas freely,and how to complete the reasonable occupation of social resources and space.In short,fully guaranteeing citizens' freedom of movement is not only an inevitable requirement for China's current economic development,but also an effective way to fulfill the Constitution's commitment of "protect human rights".During the period of social transformation,the problems of imbalanced resources,unequal rights,and chaotic order caused by accelerated urbanization will have an impact on the constitutional order.Successfully solving the relevant legal issues relating to citizens' freedom of movement can provide more original answers to the decision-making and deployment of modernization of modern China's national govern ance.First of all,this article will clarify the legal basis and origin of freedom of movem ent,and theoretically give full affirmation to the justification of freedom of movement.Through conceptual differentiation and attribute definition of freedom of movement,combined with the current constitutional practice of freedom of movement in China,migration freedom not only has rich connotation,but also has multiple attributes.From the subjective point of view,the right to freedom of movement is not exclusive to a certain gro up,but should belong to all subjects of constitutional rights;from the content point of view,freedom of movement not only involves other basic rights of the Constitution,but also extra-legal disciplines,such as political science,society related fields of study.Second,the article will explain the evolution and changes of China's freedom of movement from a historical perspective.Talking from our country's identity system,the id entity system in the traditional feudal social hierarchy has inextricably linked to the curr ent identity differences of our citizens;further discussion on the changes of freedom of movement in China's constitution text and constitution practice,including the realities of urbanization and counter-urbanization before and after Reform and Opening up;and thenthrough the analysis of the foreign constitutional guarantee of freedom of movement,to provide more reference experience for the comprehensive study of China's legislation,concepts,and mechanisms of freedom of movement.Third,the article will comprehensively analyze and discuss the necessity and feasibility of realizing freedom of movement in modern China.In the relevant discussion on necessity,we discuss on the perspectives of the modernization of the rule of law,the driving of urbanization and the development of human rights in China.As to the feasibility,the maturity of various conditions under social development is that our society can fully realize the citizenship sufficient conditions for freedom of movement.Therefore,under the premise that the legislative technology,constitutional practice and other conditions are relatively complete,it is practically necessary and feasible to gradually realize freedom of movement.Finally,on the basis of the aforementioned analysis and argumentation,the article will systematically explain the multiple mechanisms needed to realize the freedom of migration in China from the perspective of reality.1.From the perspective of constitutional implementation,the article will discuss the importance of constitutional amendment,constitutional interpretation,constitutionality review,and related specific operations;2.From the perspective of system security,a series of comprehensive and coordinated system reforms should be adopted.The current citizen registration system,rural land transfer system and social security system have made timely and reasonable reforms.3.From the perspective of cultivating constitutional consciousness,it is necessary to accelerate the advan cement of citizens' constitutional consciousness in the whole society.By enhancing the constitutional consciousness and rights consciousness of each social subject,it lays a solid ideological foundation for the realization of freedom of movement.
Keywords/Search Tags:Freedom of movement, Urban-rural integration, Household registration, System guarantee
PDF Full Text Request
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