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迁徙自由权是人身自由不可分割的重要部分,是一项不可剥夺的基本权利。建国以来由于受计划经济及其他因素的影响使得这项权利无法得以真正实现。户籍制度及相关对于国内迁徙限制的规定,使得城乡之间形成了一道难以逾越的屏障,农民、外来人员与城市人口之间不能享受相同的权利和保护。改革开放以来,我国在各方面均取得了令世人瞩目的非凡成就,中央新一届领导集体又提出了“以人为本”、“依法治国”的执政理念。在此背景下,重新确认迁徙自由权具有强烈的现实意义。
The right to freedom of movement is an integral and indivisible part of personal liberty and an inalienable fundamental right. Since the founding of New China, due to the impact of the planned economy and other factors, this right can not be truly realized. The household registration system and the related restrictions on domestic migration have created an insurmountable barrier between urban and rural areas. Peasants, migrants and urban residents can not enjoy the same rights and protection. Since the introduction of the policy of reform and opening up, our country has made extraordinary achievements that attract worldwide attention in all aspects. The new collective leadership of the Central Government has also put forward the concept of “governing people by the people” and “governing the country according to law”. Against this background, the reconfirmation of the right to freedom of movement has strong practical significance.