| Chinese household legal system is the system which refers to population registration and management, provides convenience for citizen to exercise rights and obligations, and provides population information to the society. It involves thousands of households and social development. After The People’s Republic of China Household Registration. Regulations was launched in1958,On the basis of this system, household property is categorized into agricultural and non-agricultural. The two social structures of urban and rural segmentation which was formed half of a century ago caused many problems and disadvantages, which primarily presented in the poor performances in the household registration legislation and levels of efficiency. As a consequence, a solid barrier was set between urban and rural areas, which caused inequality in employment, education, medical treatment and social welfare. At the same time, it hinders the development of population migration and capital flow. Since China’s reform and opening up policy was followed, the market economy system has been improved gradually, the economic society has been developing rapidly, people showed great concern on the reform on the household legal system and there is strong demand for justice and right guarantee and thus attracted the attention of the Party Central Committee and the State Council. From20th century to nowadays. From the central government to the local ones, many attempts were made, which solved the problem of some transferring rural population and other resident population settled in the town. In2014July, State Council issued Further Regulations on The Household Registration System Reform. This regulation put forward a new idea of canceling the separation of agricultural residence registration and non-agricultural residence registration with the purpose of breaking the barrier and achieving equality. Although the reform has reached a crucial part, only if we removes the profits from the system can we ensure the free rights of citizen in migration and finally completely change social structures of urban and rural segmentation and reached the ultimate goal of reform.This article try to deal with several questions on household register law from the perspective of the Constitution and administrative law with the method of document research.Theory analysis and value analysis. This article can be divided into three parts.The first part:analyze the basic concept of household register law and some regulations. And divided the household register law into five phases as the period of free immigration, the period of, strict control, the period of half-open, the period of Reformation Attempt and the period of further reform. and also evaluate its positive effects, that is to say, guarantee the industry construction in early days of the nation, keep the balance of urban and rural employment, maintain the stability of social rules and provide the foundation for the management of the society, which lay the foundation for the following parts of the article.The second part:analyze the problems mainly existed in household register system which limit the freedom of migration, cause inequality in the citizen political rights,educational rights and social welfares that hindered the development of the city. At the same time, it digs out the main causes and hold the opinion that the profound influence of policy, economy and concept, household register law which severely lags behind, the additional benefits which are difficult to remove cause the problems mentioned above.The third part:bring up the approaches to the construct the new system of the law adapted to e new situations and improve the relevant system of the household register law. |
