论迁徙自由在我国的实现

迁徙自由是公民的一项基本权利,在我国历史上有过宪法实践的经历,但在建国后不久,因为经济、政治、意识形态等方面的原因而取消;随着我国市场经济的建立和发展,人们对权利的要求日益迫切,同时,出于建立我国市民社会需要,恢复迁徙自由已经势在必行;市场经济的发展、大规模人口流动的事实以及政府和社会公众承受改革能力的增强为迁徙自由的实现创造了良好条件;建构迁徙自由制度应该坚持自由与秩序并重,尊重市场规律和坚持法治的原则,通过宪法规定迁徙自由,改革户籍制度以及建设、健全农村社会保障制度来实现。

On the Realization of the Freedom of Movement in China

The freedom of movement is a basic civil rights. There were some constitutional practices in our history, but sooner after liberation, it was canceled because of the economical, political and ideological reasons. With the establishment and development of market economy in China, the peoples' demands for rights becomes imperative day and day. To establish the civil society, it is inevitable that the freedom of movement should be resumed. The development of market economy, the large scale of population movement and the increase of social public endurance of reform have brought about a better condition to realize the freedom. To set up the movement freedom system, the freedom and order should be mutually consisted, the market rules should be respected and the rule of law should also be persisted. To realize the freedom of movement, China should reform the domiciliary control system and establish and reform the country social security system.