On Freedom Of Movement

The freedom of movement is one of the fundamental rights of citizens. Since the establishment of China, it is difficult for this right to be realized, because of the institution of household register and its relevant stipulations that come into being under the influence of planned economy and other kinds of factors. Peasants, flowing-in people and urban people cannot enjoy the equal rights and not be protected equally, due to the insurmountable barrier between town and country. Since reform and opening-up, our country has achieved universal acknowledged success. The new leading center of our country brings up the ruling theory of human centered. Hence restoration of freedom of movement has a deeply realistic significance. This paper makes an inquiry into freedom of domestic movement, and provides theoretical basis for freedom of movement in China.There are different stipulations on freedom of movement in Chinese and foreign study of population. The writer firstly define the freedom of movement as that citizens, in the permitted scope of constitution and laws, enjoy the right that they can control their own body and action and not be interfered in and restrained, and enjoy the freedom of movement on the premise that they are protected equally as flowing-in residents, based on the different stipulations on freedom of movement in Chinese and foreign study of population, and the practice of the international treaty and constitutional study, and the different definitions of Chinese constitutional scholars about freedom of movement. The writer gives a further analysis on the nature and status of freedom of movement, and thinks that freedom of movement belongs to the category of personal freedom, and is an important part of freedom of action. But it is also based on some social economic rights, such as freedom of choosing jobs and freedom of work. It shows that freedom of movement is really an important fundamental right that cannot be neglected, so our constitution should renew its status. Finally, the writer summarizes the content of freedom of movement.Freedom of movement emerges and develops with the emergence and development of capitalistic commodity economy and free trade. At the beginning, freedom of movement was stipulated to break up the personal relation attached to land. Gradually, it becomes one basic right of freedom, asks that society provide free room for citizens to exist and develop. The freedom of movement goes along with the presentation and continuous striving for personal liberty. Secondly, the writer analyzes the stipulation and revelation of foreign constitutions about freedom of movement. With the development of capitalism constitutions of most foreign countries stipulate freedom of movement. Different countries stipulate freedom of movement differently, due to different comprehension. In the world, freedom of movement is stipulated in the following three forms: general stipulation, restraint stipulation, and protective stipulation. Although the stipulations are different here and there, a limit is set to freedom of movement to correctly enforce and carefully protect this right. The writer thinks that China should borrow experiences from other countries to fully protect citizens' freedom of movement, at the same time of acknowledging the right. The writer analyzes the stipulations of international treaties and their characters. With thedevelopment of era, freedom of movement is not only acknowledged in sovereign states, but also reflected in some international conventions on human rights. Freedom of movement, as one inalienable fundamental human right, has been universally accepted by the international society. The stipulations of international conventions about freedom of movement have the characters that on the one hand, they are rich in content, not only including freedom of domestic movement, but freedom of international movement, anti-exile right, right of extradite exemption as well, on the other hand, the restraint of freedom of movement is similar to that of sovereign states, but the subjects...