户籍制度改革与迁徙自由权入宪路径分析

Household Registration System Reform and Constitutionalizing Freedom of Migration

迁徙自由权是一项基本人权,户籍制度的改革与我国公民的迁徙自由权的恢复有着密切的关系。我国1958年实行的户口登记制度从实质上取消农民的迁徙自由,其后宪法取消了公民迁徙自由权。随着社会经济的发展,恢复迁徙自由权是商品经济的内在要求,人们对于重修宪法,恢复公民迁徙自由权的呼声越来越高。应通过改革户籍制度、修订宪法、完善相关配套措施,使公民迁徙自由权得到实现。

The freedom of migration is a basic human right, and the reform of the household registration system and citizens＇ right of free migration are closely related. The system of house- hold registration, since 1958, made farmers difficult to migrate to other places freely and late the freedom of migration was cancelled constitutionally. With the development of social economy, migration freedom is required urgently. There is more and more expectation to include this right again in the constitution. To realize people＇ s freedom of migration requires registration system reform, constitution amendment, and supporting measures.