| Freedom of migration is a citizen’s basic human rights. It has been established by more and more countries and international documents of human rights. But to the contrary, freedom of migration hasn’t been set out by our country laws. However, with the deepening of globalization and rapid development of economy, to limit even deprive this right don’t conform to the mainstream value of the international community, and is also antithetical to the goals of safeguarding human rights and constructing socialism country under the rule of law. It’s time to confirm the rights.This dissertation explores the right of freedom of migration from two aspects: migration and freedom. "Migration" should have two features——expansion of space and time of "permanent". The freedom of migration refers to the qualification and freedom for change residence to meet the reasonable demands. In terms of its attribution, the author deems that migration freedom is an inter-disciplinary right, which include economic freedom, personal freedom and political freedom. In terms of its scope, this article is in favor of generalized migration liberty, says that migration liberty should include two parts——the freedom of domestic migration and the freedom of international migration.At present, the realization of migration freedom in our country is facing great obstacles and challenges. In terms of the freedom of domestic migration, the household registration system is the biggest problem. As we know, the household registration system is the foundation of whole social system. It divides people into two levels, the migrants can not enjoy the same social rights equal to the local residents, such as the right to education, social security and so on. Also our country laws did not clarify the legal status of migration freedom, and is lack of a complete set of regulations and implementing rules. The protection of freedom of domestic migration is under a situation of legal vacuum. After expounded many experts’ aspects, and the household registration legislation and judicial practice of other countries, the author analyzed the disadvantages of the current household registration system in our country. Then the author put forward that: Firstly, we should strip away the rights and interests on the household registration system; Secondly, the country should pay attention to change the function of the household registration system from control to service. at the same time improve the system of form a complete set. Thirdly, we should modify related law because the household registration system is all important to the national economy and the people’s livelihood. In terms of the implementation of freedom of international migration,the paper use an entry point of the system of nationality. Through the deep analysis and further study of the nationality legislation and immigration policy of other countries, such as Japan, the United States and India, the author draw a conclusion that we can use the idea of elastic dual nationality. At the same time, the paper try to use a typical case——black foreigners in Guangzhou, to make a detailed analysis on the the social management and public security problems caused by the foreign people who moved in our country, and the mechanism of repatriating the illegal immigrants back. Finally, the paper puts forward some reasonable suggestions to achieve the freedom of international migration. Firstly, we can draw lessons from France’s social security system, and set up a nationwide network of social security accounts.Secondly, our country should accelerate the construction of immigration law system, unified management institutions. Thirdly, we should pay more attention and remodel the system of consular protection, strengthen international cooperation, and try to establish a mechanism of repatriating the illegal immigrants back. |
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