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The Study On Migratory Freedom Of Our Citizens

Posted on:2015-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:M L JiFull Text:PDF
GTID:2266330428464800Subject:Law
Abstract/Summary:
The right of free migration has get more and more social focus in recent years. It is an instinctive human rights. As a basic right of citizens, it is stipulated by the majority of the world’s nation and international human rights documents. But because of the history factors, our citizens have not enjoyed it. Not only china’s current constitution and laws have not confirmed the principle of free migration, but also some institutions are violate the vitality free migration, the obstacle factors have seriously hindered the realization of china’s freedom of migration. With the rapid development of market economy and the construction of country ruled by law, it has already been out of time that still limit the freedom of migration and the conditions for confirming the freedom of migration have been mature. It is an inevitable trend to grant the freedom of migration.At present, there are still many problems and big controversy in the realization of the citizens’right of migratory freedom. Some wrong ideas that exist in the our citizens brain lead to a psychological rejection and does not get recognized. The legislation does not specify the right of migratory freedom and is not established the perfect legal system. It lacks the constitutional basis and still in a legal vacuum state. Meanwhile, specific laws, there lacks regulations and implementing rules. Current systems severely hampered the realization of the right, especially the household mechanism and the related supporting systems, this is a major problem to achieve the right of free migration. Attached to the institutional interests of the urban and rural household registration is the first issue to be addressed. The interest gap continues to exist it is difficult to achieve it.We need to note that in the process of realization of the right of free migration, this is a complex and tortuous road and can not be achieved overnight, a phased step is reasonable and correct. We should learn from advanced countries legislation and institutions then combine our actual situation. Establishing a sound legal system the right to freedom of movement in legislation. China should made provisions in the form of a constitutional amendment, providing the constitutional basis. While support the laws、regulations and so on. On the systems, especially the household mechanism and the related supporting systems, we can learn from the United States, France, Thailand and Taiwan region of China’s household mechanism, simplify the function of household mechanism, merely as a way statistics of the population, no longer have other uses, abolish the current household mechanism, establish a single household system. More importantly,the interest attached to the household. social security and education systems are linked to the household system, there have differences in different regions. It hinder the effective realization of the right. We must deprive linked interests to ensure freedom of movement, progressivily realize these benefits in different regions of consistency and equalization. Finally, establishing a constitutional review system to achieve the right.
Keywords/Search Tags:migratory freedom, basic human right, household mechanism
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