The Constitutional Reflection Initiated By Household Registration System

The reform of household registration system is one of the hottest and most-talked-about issues in society today. Most scholars expound on the reform of this system from the angles of management, sociology and demology, and they are expecting the enactment of new law of household registration. Nevertheless, this paper does not focus on the reform of household registration system, but on the rights hiding behind such system as well as the protection and realization of them. This paper puts Constitution as the angle of demonstration and uses constitutional rights as the breakthrough point, so as to be distinguished from the points of management, sociology and demology, with the purpose of discovering and analyzing the problems of current household registration system.This paper is composed of three parts, namely introduction, main body and conclusion, with a total word count of 30,000 Chinese character.In the introduction part, author states the main issues this paper focuses on, the research situation of other scholars on this topic and the theoretical as well as practical value of this paper.The main body is composed of three parts:Firstly, author introduces the development of chinese household registration system, the features of ancient household registration system in China, the features of modern household registration system in China together with their inheritance from ancient system and the research situation of household registration system in Taiwan district. By the historical research of household registration system, this paper displays the developing track of it in China for thousands of years. The description of features of ancient and modern household registration system in China functions as a connecting link for the analysis in latter parts.Secondly, author states the reflection on the freedom of migration triggered by household registration system. At the very beginning, author introduces the purpose and significance of migration, the immense impact on world of migration from the viewpoint of jurisprudence, so as to expound on the necessity of free migration. Then author starts the introduction of freedom of migration by identifying it in international treaties and foreign Constitutions, and reflects on the current situation of free migration in China. Author holds that China should not and can not evade from the acceptence of free migration as a basic human right. Finally, author presents feasible suggestions to separate migration legislation from household registration.Thirdly, author focuses on the equal right initiated by household registration system. From the confliction between law and reality in equal right, author introduces the inequality in employment, education and property rights of people with different household register. Then author puts forward methods of evening these rights including the perfection of relavant laws and regulations. And the most important point is to implement the Constitutional principle of equality in regional regulations, rules, policies and the minds of people. Only in this way can we change the differentiation in legal, institutional and conceptual levels, and thus actulize the equal rights of citizens.In conclusion part, author states the conclusion of this paper in brief. By the demenstration of migration and equal right in previous parts, author presents her position and suggestions as well as the anticipation of research in this field.This paper mainly uses the method of conceptual analysis and comparision, and in this way displays author's viewpoint on constitutional rights initiated by household registration system and her analysis and solution of this issue both in institutional and legal levels. Following the logical flow of'presenting questions-analyzing questions-solving questions', author refers to ancient and modern materials both from home and abroad. The purpose of writing this paper is to utter author's own voice in the reform of household registration system and provide some help in academic research in this field.