Jurisprudence Analysis On Freedom Of Movement

As a basic human right entitled to citizens, the freedom of movement has been acknowledged by the constitutions, laws of each country as well as international human rights treaties widely. In 1954 the Chinese constitution granted citizens the freedom of movement, but the Residence Registration of the People's Republic of China in 1958 virtually deprived Chinese citizens of the freedom of movement since then the Chinese constitution hasn't resumed it .With the establishment and development of market economy in China ,the people are urgent to request rights day by day, the limit to freedom of movement was already out of time, granting the freedom of movement to the citizen is not only necessary, but also is feasible, we believed the freedom of movement ,as a supposed right ,will become a legal right in the near future through the consummation of constitution, the legal rule and each system, and became a realistic right gradually. Therefore, the research of freedom of movement right has the significant theory and practical significance.The paper divides four parts: First part, it is the outline to freedom of movement. The freedom of movement can be classified into freedom of movement in broad sense and narrow sense, this thesis only discusses freedom of movement in the narrow sense. It has explained its three essential factors: Will, Behavior and Right; and discussed its legal nature. The second part, we have analyzed historical evolution of the freedom of movement. In this part, we elaborate three aspects: the migration behavior as a natural right, legal confirmation to the freedom of movement and the historical vicissitude and the reason about freedom of movement in our country; The third part, jurisprudence analysis on freedom of movement. First, we analyze the validity of the freedom of movement as a human right. Next, we analyze the relations between freedom of movement and the resources optimized disposition. Third, we elaborate the relations between freedom of movement and the status society and the contract society. Finally, we analyze the cultural inheritance significance of freedom of movement briefly. The fourth part, the trend of development of freedom of movement in China .From the necessity and possibility establishing the freedom of movement in our country, we analyze principle and the value orientation which are establishing freedom of movement, then propose the legislation preliminary idea in our country.This paper has utilized many theories which include constitution, jurisprudence, comparative law, as well as human rights, and has utilized the value analytic method; the comparison analytic method and many kinds of research technique, analyzing and explaining the freedom explain power more comprehensively and systematically. At the same time, it has also elaborated the reason which the freedom explain power the historical vicissitude in our country constitution by utilizing the constitution study and the history material .In the third part, the author has selected the human rights angle of view, the political angle of view, the economical angle of view and the cultural angle of view and looked forward to having the innovation in this part.