迁徙自由与市民社会——兼评我国对迁徙自由权立法的考虑

The Freedom of Movement and Civil Society

迁徙自由是现代公民的一项基本权利,已得到国际社会的普遍认同。长期以来,我国除了在个别历史阶段,法律对迁徙自由基本上采取了限制的态度。这与我国的经济体制及市民社会的缺失有关,随着市场经济的发展及市民社会的发育,要求迁徙自由入宪的呼声日益高涨,但是在宪法上承认迁徙自由与现实中完全实现迁徙自由是有区别的。从应有权利到法定权利的转变不是一时就能实现的。迁徙自由的实现有赖于相关制度的完善及市场经济的成熟。基于目前的情况,我国现行宪法中没有规定迁徙自由。

The freedom of movement is a basic civil right that have been recognized by most of countries in the world. It has been restricted by the law of our country for long time, except in several historical times. That is owing to our economic system and the lack of the civil society. With the development of the market economic and the construction of civil society, peoples demands for the right becomes imperative day by day. But there are differences between the freedom in real life and that in constitution. The transition from natural right to legal right needs long time. The realization of the freedom of movement depends on the improvement of related systems and the development of market economic, For some reasons, no provisos about the freedom of movement have been found in our current constitution.