“迁徙自由”入宪必要性和可行性分析

Analysis of the Necessity and Feasibility of Freedom of Movement Entering the Constitution

迁徙自由是公民的一项基本权利。宪法上确认迁徙自由,是完善我国人权保障事业的需要;是我国社会主义市场经济建立和发展的内在要求;是建设社会主义法治国家的需要;是户籍制度改革的需要。大规模的人口流动为迁徙自由的确立提供事实根据,市场经济的发展为迁徙自由提供动力,各种制度改革和社会变革为迁徙自由提供了社会基础。

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.The acknowledgement of freedom of movement is an important reflection of the ruling theory of human centered of our new central government. It is the need of perfection of the cause of human rights protection and execution of the international treaties of our country, as an important member in the international society. It is the inherent need of the establishment and development of our socialistic market economy. It is the need of socialist rule of law. Secondly, the writer analyzes the feasibility of acknowledging freedom of movement.