迁徙自由权及其当下的困境

Migrating freedom and its present difficulty

迁徙自由是现代社会一项基本的公民权利,在现代社会中,迁徙自由不仅包括公民自主选择居住地的自由,而且也包括享受当地居民待遇的权利,禁止地方政府对移居公民采取任何形式的歧视和区别待遇。在中国,宪法中的迁徙自由条款与社会现实存在反差。建国后基于政权巩固的战略需要所采取户籍制度以及计划性迁徙行为,是实现迁徙自由的主要障碍。迁徙自由不仅是一种政府不得干预的消极权利,更是一种需要政府保障的积极权利。

The freedom of migration is the citizen＇s basic right in modern society. In modern society the freedom of migration not only includes the freedom to choose place to live but also includes the right to enjoy the local resident＇s treatment. The discrimination or different treatment of local government to the migratory immigrant is forbidden. In China, there is a huge contrast between law in books about freedon of migration and law in action The measures adopted by the government to strengthen its regime after the nation was founded. These measures include census register system and a series of arranged migrations, these factors has become the most huge obstruction to realization of freedom of migration. The freedom of migration is a negative right that the government shouldn＇t intervene. It is also a positive right which needs the government＇s guarantee.