城镇化过程中农民的迁徙自由及其实现

迁徙自由作为一项基本人权,已经得到国际社会广泛地认可.在当今城镇化迅速发展过程中,二元对立的户籍制度把城乡人口分成利益上不平等的社会阶层,客观上造成了城乡居民身份上的等级差别.随着法治国家的不断完善,户籍制度改革的步伐已势不可挡,借鉴国外保障迁徙自由权和改革户籍制度的经验,找出一条适合中国国情的现实路径,需要宪法和法律层面规定公民的迁徙自由权,废除二元制户籍制度格局,对农民工子女实行同样的教育政策.这不仅是迁徙自由的应有之义,也是宪政平等理念的内在要求.

Farmers' Freedom of Movement and Its Implementation in the Process of Urbanization

As a fundamental human right, freedom of movement has been widely respected and protected in the international community, but dual household registration system between the urban and rural population divide people into unequal social classes, resulting in different levels between the urban and rural residents. With the continuous improvement of the rule of law country, the pace of reform of household registration system has been overwhelming. Learning from foreign experience in protecting the freedom of movement and the reform of the household registration system experience to find a path suited to China＇s national conditions and reality, regulating freedom of movement at Constitution and legal levels, abolishing the dual system of household registration system structure, adopting the same education policy for the movement workers＇children. This is not only the meaning of freedom of movement, but also the inherent requirement of the concept of constitutionalism equality.