The Study On Migratory Freedom Of Chinese Citizens

The right of migratory freedom is a basic human right,which refers to the right of citizens to leave their original place of residence,choose and move to their new place of residence to settle down.The concept of migratory freedom is not the same as that of residence freedom and population mobility.The fact of current social population mobility does not mean that the right of migratory freedom has been realized.There are many arguments about the nature of the right of migratory freedom in the academic circles of our country.The connotation of the right of migratory freedom should be the extension of personal freedom.From the main viewpoints of equality liberalism,freedom supremacy,utilitarianism and Marxism,we can find the theoretical support of the right to migratory freedom.The migration in the history of our country can be roughly divided into three types: Policy migration,war escape migration and economic livelihood migration.The reasons for people’s migration are mostly due to the consideration of survival and development.As a result,the advantages outweigh the disadvantages for both personal and social development.In ancient times,people didn’t have the right of migratory freedom in law.Until the establishment of the government of the Republic of China,the right of migratory freedom of Chinese citizens was recognized by law for the first time,but at that time,people’s migratory freedom was still restricted by the household registration system and the Baojia system.After the founding of the people’s Republic of China,the right of migratory freedom of Chinese citizens has gone through a tortuous process of being affirmed-denied-returning.History has proved that the denial of citizens’ migratory freedom is contrary to the people’s desire for a better life,and is not conducive to the development of economic society.At present,our government has not legalized the right to migratory freedom,which is mainly concerned about the problems such as the heavy burden of big cities,the disorder of social order,the aggravation of the imbalance between urban and rural areas,and the excessive cost of rights.After analysis,this paper believes that the legalization of the right to migratory freedom will not lead to these problems.On the contrary,the legalization of the right to migratory freedom is conducive to the development of market economy,the balance of regional economy,the acceleration of urbanization,the balance of social structure,the progress of human rights protection,the acceleration of democratic process and the final completion of poverty alleviation.Therefore,from a practical point of view,we should legalize the right of migratory freedom.However,the legalization of the right to migratory freedom does make some original social problems more prominent,such as the migration of college entrance examination,the transfer of rural land,the migration of urban residents into rural areas,etc.,but the root of these problems is not the legalization of the right to migratory freedom.If we want to legalize the right of migratory freedom,we need to have a macro system construction idea.Guided by Marxism,following the principles of coordination of freedom and order,equal protection and appropriate restriction in legislation,this paper affirms citizens’ right to migratory freedom through constitutional amendment,enacts the law of the people ’ The remedy way of right.In addition,in order to solve the problems that accompany the legalization of the right to migratory freedom and finally implement the right to migratory freedom of citizens,we need to change the household registration system,the education system,the social security system,the rural land system and so on.