Dissertation
Dissertation > Political, legal > Legal > Chinese law > National law,the Constitution

The Right to Move about Freely

Author DuJuan
Tutor YaoJianZong
School Jilin University
Course Legal Theory
Keywords The right to freedom of movement Human rights Contract Society Identity Society Household registration system
CLC D921
Type Master's thesis
Year 2007
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China has the largest population in the world, but the number of its flowing technical persons and young labour force is less than the number of America and Janpan.Behind this oddish phenomenon, there is a problem of a scarcity of an important human right, this human right is the right to move about freely. Strictly speaking, the right to move about freely is not a new right, but because of the social and historical reasons, this right has been out of the system of human rights protection for a long time. Because of the reasons above, the study on the right to move about freely looks more important.This article is divided into five chapters.Chapter one is the summarization of the right to move about freely. In this chapter, I first expatiate on what is the right to move about freely, I comprehend this right as below: in the range of the constitution and the range of the law, a citizen has the right of personal freedom and action freedom, it also contains the freedom of changing living place on the premise of the same right guarantee with the citizens of the ingoing place. It contains two part, one is the freedom to move about, the other is the correlation treatments in the course of movement. Then I analyze the attribute of the right to move about freely, I consider it as a right that has the character of both the right over body and the right over economy. In the third section, I enumerate the universal confines of the right to move about freely, and make a comparison of the confine mode in many countries.Chapter two is the justification of the right to move about freely. In this chapter, I analyze the justification of the right to move about freely from two views, one is the human rights, the other is the society of contract and the society of social status. First, I analyze the three basic factors of the human right(smoral basic, universalism and revolt), then prove the justification of the right to move about freely from the above aspects, and give the conclusion that the right to move about freely belongs to human rights. Then, I compare the society of contract and the society of social status to prove that the right to move about freely is important in the course of changing to the society of contract, and make such conclusion that the society of social status is out of date, the society of contract is what our country needs. Because the right to move about freely ensures us to get rid of the astriction from status and section, come to the egality development, so the protection of this right is an important tache in the changing to society of contract.Chapter three is the protection of the right to move about freely in law. In this chapter, I make a pectination of the protection of the right to move about freely in the international treaties and other countries’law, I also make a comparison of the forms and contents of the right to move about freely in different countries, I want to show an all-sided view of this right’s protection in law. From this view, I conclude that most countries in the world admit this right and protect this right in many ways(mainly the protection in the constitution).Chapter four is the protection of the right to move about freely and the obstacles in our country. In this chapter, I first analyze the protection of the right to move about freely from three phases: the first is the admitted phase, it’s from the beginning of our new country to 1958; the second phase begins in 1958 and lasts to 1978, in this phase, the right to move about freely is restricted strictly; after the Reform is the third phase, in this phase, the right to move about freely is still not allowed in principle, but in the real social life, there are many movements. Then I analyze the protection of this right in our constitution. In the history of our constitution, there are four constitutions(they are‘The 1954 constitution’,‘The 1975 constitution’,‘The 1978 constitution’and‘The 1982 constitution’) and‘The Chinese People’s Political Consultative Conference Common Guiding Principles’made in 1949, there are only‘The Chinese People’s Political Consultative Conference Common Guiding Principles’and‘The 1954 constitution’prescribed the protection of the right to move about freely. And then I analyze the reason of this change. In the second section, I analyze the obstacles in the protection of this right. The obstacles are obstacles in culture and idea and in the system of registered permanent residence, the lack of the theoretic of law and other obstacles.Chapter five is the possible ways to protect the right to move about freely in law. In this part, I emphasize the importance of the right to move about freely again, I consider that it is important to affirm this right in our county’s changing time. I analyze the characters and some problems in this time, especially the problems of farmer-workers, analyze their places: they work and live in the city, but their social status are farmers, though they are farmers, they don’t do farmers’work, their embarrassed places make their advantages damaged. In the same part, I analyze a similar problem, which is the migration for the important projects. They both have to move citizens from one place to another to our country’s advantage, but they are different in essence. The right to move about freely both in farmer-worker problems and in this article is a right from people’s own will and doesn’t have other force and arrangement from outside; but in the migration for the important projects, the movement is a force action, it doesn’t belong to the right to move about freely. In the second section, I analyze several possible ways to protect the right to move about freely in law, the main ways are to put this right into the constitution and to reform the system of registered permanent residence. And in the discussion of the first way, I also analyze the necessity and the possibility of taking the right to move about freely into constitution; in the discussion of the reform of the system of registered permanent residence, I also talk about the limitations and the value tropism of the system of registered permanent residence, and give some advices on its reform.

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