论我国公民迁徙自由权的宪法保障

On the Constitutional Protection of Citizen's Free Migration Right in China

迁徙权作为一项基本人权,在国际公约、各国宪法和其他法律中都有着广泛的规定。我国已经加入W TO,并先后签署了两个国际人权公约。随着我国改革开放的不断推进和社会主义市场经济体制的逐步完善,迁徙自由越来越为我国社会各界所关注。因此,无论从国内社会发展的需要还是从履行国际条约的要求来看,我国都应当尽快在宪法中对迁徙自由加以确立和保障。

As a basic human right, migration right has been stipulated extensively not only in international pacts, but also in the constitutions and other laws in different countries. After its entry to WTO, China has signed two international pacts on human rights. With the advance of our reform and openness to the outside world and the gradual completion of our socialist market economic system, free migration has been more and more concerned by peoples of all circles. Therefore, for the sake of both social development and fulfillment of international pacts, it is much necessary to establish and guarantee citizens＇ right to free migration in our constitution.