Study On Freedom Of Movement Of Chinese Citizens

With the rapid development of socialist market economy,it has become normal for people to move frequently between cities and between cities and between cities and villages.Especially after the 18 th CPC National Congress,the country started a new round of reform of the household registration system.It is particularly urgent to realize the freedom of migration of citizens and guarantee it by constitution.After sorting out the origin of freedom of migration at home and abroad,it can be found that freedom of migration often does not exist in the self-sufficient economic order,and migration only occurs in some circumstances that are forced to,and people are attached to the land most of the time.The emergence of modern capitalist commodity economy brings the development of freedom of migration.The inevitable connection between the two is the reflection of the free flow of labor force in the legal system under commodity economy.The vicissitude of freedom of migration in our constitution conforms to this conclusion.Whether the freedom of movement is guaranteed or not in our country is closely related to the constitutional economic system.Under the planned economy system,there is no space for the freedom of movement,while under the market economy system,the freedom of movement is indispensable.Because of the existence of socialist market economy,the connection between the freedom of migration and the household registration system is increasingly close.It can even be said that the goal of the household registration system reform is to realize the freedom of migration.As the most direct factor restricting the freedom of movement,the reform of household registration system will certainly have an impact on the freedom of movement.As far as the connotation of freedom of migration is concerned,under the background of household registration system reform,it mainly focuses on two aspects:freedom of action and equality of rights and interests.As far as the regulation policy of the reform of the household registration system is concerned,opening and relaxing the adjustment of household registration and allowing citizens to migrate is its development aspect.In terms of the practice of household registration reform,abolishing the Measures on Asylum and Repatriation,reforming the personnel file management system and the points settlement system are measures related to freedom of movement,while the residence permit system and related systems,including social security,education management,labor employment and land transfer,are more closely related to equality of rights and interests.The coexistence of guarantee and restriction reflects that there are still four obstacles to realize the constitutional guarantee of freedom of movement of citizens.The causes behind these four obstacles are also worth further study.The first obstacle is the lack of constitutional and legal guarantees for freedom of movement.Second,the household registration reform does not follow the principle of equality,which is not only due to the reform of different regions of the discretion standard is not uniform,but also caused by the trend of unilateral reform;The third is the mismatch between the reform process of household registration and the development of the socialist market economy.On the one hand,the reform speed of the existing household registration is obviously slower than the development of the socialist market economy.On the other hand,the relevant laws in the field of household registration have not been updated for a long time,which has been disconnected from the current economic system.Fourth,local governments improperly intervene in the free flow of population through local policy adjustment.This obstacle once again shows the dislocation of the relationship between national power and citizens’ rights in the freedom of migration,and it is also inevitably affected by fiscal decentralization.In short,there are still many problems to be solved in terms of the constitutional protection of the freedom of moving citizens.Constitutional protection is the most direct and effective way to deal with obstacles to the protection of freedom of movement.Specifically,there are three options as follows.The most feasible one is to express the protection of freedom of movement by clarifying the legislative purpose in the Household Registration Law and other relevant legislation,and the second is to provide provisions by interpreting the provisions of the Constitution.The last is to restore the freedom of movement clause directly through constitutional amendment where appropriate.Secondly,it is urgent to deepen the reform of household registration gradually and promote the reform of other systems.It is not only necessary to change the situation that household registration is tied to welfare,but also to follow up the social security system,land transfer system,education management system and labor employment system from the perspective of eliminating identity differences and realizing equal treatment.Again referring to the review mode of different treatment in other countries,it takes the essence of policy making as the foundation and the principle of proportionality as the limit to ensure the realization of the principle of equality in the process of policy making.Finally,based on the theory of the balance of legal rights,it is clear that the government should reduce the interference of administrative power in the issue of the freedom of movement of citizens,so as to find the balance point between the state power and the rights of citizens,so as to provide constitutional and legal protection for the freedom of movement of citizens on the basis of adapting to the development law of market economy.