论户籍制度改革下对转户居民实施就业援助的宪法依据

On the Constitutional Basis Concerning the Employment Assistance for Transferred Residents in the Reform of the Household Registration System

伴随着户籍制度改革的深入进行,各省市纷纷降低城镇户籍准入门槛,在此背景下很多农村居民将户籍迁往城镇,成为转户居民。转户居民就业能力低,又面临原有二元户籍制度下的就业歧视,由此造成"就业难"的困境。依据我国宪法,转户居民享有就业平等权,国家有义务促进转户居民就业。为保障该权利,政府有必要对转户居民实施就业援助。

With the deepening of the reform in the household registration system, a lot of provinces and cities lowered the threshold for urban household registration, which resulted in a lot of rural residents’moving to city and town and becoming the residents whose household register has become urban resident status （transferred residents）. The transferred residents’employability is low and they face discrimination in employment caused by the present dual-system of household registration, which bring about transferred residents’low employment. According to China’s Constitution, the transferred residents have the right to equal employment. Government’s dereliction of its duty to support employment violates this right since State has an obligation to promote transferred residents’employment. In order to protect the rights, combining with the experience of Japan and China’s national conditions, special employment assistance should be given to the transferred residents.