Research On The Rignht Of Migrition Freedom Into The Constitution

As a basic human right entitled to citizens, the right of migration freedom has been acknowledged by the constitutions, laws of each country as well as international human rights treaties widely. But, in 1954, the Chinese constitution granted-citizens the right of migration freedom, the Residence Registration of the People's Republic of China in 1958 virtually deprived Chinese citizens of the migration freedom since then the Chinese constitution hasn't resumed it. With the establishment and development of the market economy in China, the people are urgent to request rights day by day, the limit to the right of migration freedom was already out of time, granting the freedom of movement to the citizens is not only necessary, but also is feasible, we believed the right of migration freedom, 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 on the right of migration freedom has the significant theory and practical significance.The paper divides six parts: The first part is the introduction. The second part is the outline to the right of migration freedom. The right of migration freedom can be classified into freedom of movement in broad sense and narrow sense, this thesis only discusses freedom of movement in the narrow sense. The third part, we have analyzed the feasible basis of the right of migration freedom. The fourth part is this article key content, the author the legal principle theory of law, the assurance of human rights, fulfills the international obligations, the social four aspects to elaborate in detail positively the freedom to change one's residence power enters the constitution the value. The fifth part realized from the system stratification plane to our country freedom to change one's residence power put forward the proposal. 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. This article has made a more detailed elaboration and the proof on the value of the theory of the migration freedom.