略论户籍管理立法的服务为本理念

On the Service-oriented Concept of Household Registration Management Legislation

一直以来,我国户籍管理立法的管控色彩较为浓重,以户籍管理进行治安管理,维护社会治安秩序的目的明显,故其立法理念主要体现为管控及管制。然而,实际迁移的增长与常住户口迁移的限制之间形成的悖论,以及户口迁移等户政需求的不断增长使得现有户籍管理法律法规的合法性及正当性越来越受到质疑,户籍管理立法理念的转变迫在眉睫。与管制理念相比,户籍管理立法的服务为本理念是指户籍管理立法的目的在于满足人的需要,始终把人视为立法的逻辑起点和终点,通过法律来确立和保护公民户籍方面的权利,满足公民需求,以体现法对人的终级价值的关怀。

For a long time,the control feature of household registration management legislation in China is relatively typical and the purpose of carrying out public security management with household registration management is obvious.Therefore,its legislative concept is mainly embodied in control and governance.However,the paradox between the growth of actual migration and the restriction of permanent residence migration,as well as the growing demand for household administration,such as census migration,make the legitimacy and legitimacy of the existing household registration management laws and regulations being questioned,which makes it urgent to change the legislative concept of household registration management.Compared with the concept of regulation,the service-oriented concept of household registration management legislation means that the purpose of household registration management legislation is to meet the needs of people,and always regard people as the logical starting and ending point of legislation to establish and protect the rights of citizens in household registration,to meet the needs of citizens and to reflect the care of the law for the final value of human beings.