论迁徙自由权的含义及法律回归

On the Definition of the Rights to Migration Freedom and Its Legal Application

迁徙自由权作为公民的一项基本权利,已经得到了很多国家的认可。这项权利不是自动出现的,而是经过斗争逐步实现和完善的。我国实行迁徙自由是融入国际社会法治文明、民族再融合及国家战略安全、农业社会迈进工业社会门槛、赋予公民用"脚"行使管理实务和追求幸福权利的必然要求,并且具有法律依据、现实依据、实践依据。因此必须尽快修改宪法,将迁徙自由作为公民的一项基本权利;以居住证制度为突破口,积极探索迁徙自由权实现的途径;改革户籍制度,制定专门的户籍法落实公民的迁徙自由权利。

The right to free migration,as one of the basic rights of a citizen,has been recognized in many countries.However,it has been realized and perfected in a gradual process through unrelenting efforts instead of spontaneous occurrence.China’s implementation of the right to free migration, which has legal basis,reality basis as well as experience basis,is the inevitable requirement of gearing up to the legal culture of the international community,re-fusion of the country’s ethnic nationalities and the nation’s strategic security,entrance of an agricultural society into an industrial age,and endowment to citizens the rights to executing administration and pursuing happiness.So we must amend the constitution as soon as possible,establishing the right to free migration as a fundamental right of citizens,actively explore ways of realizing the right to free migration through the carrying out of the residence permit system,and reform the household registration system, formulating household registration laws to implement citizen’s right to free migration.