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迁徙自由是现代社会一项基本的公民权利,在现代社会中,迁徙自由不仅包括公民自主选择居住地的自由,而且也包括享受当地居民待遇的权利,禁止地方政府对移居公民采取任何形式的歧视和区别待遇。在中国,宪法中的迁徙自由条款与社会现实存在反差。建国后基于政权巩固的战略需要所采取户籍制度以及计划性迁徙行为,是实现迁徙自由的主要障碍。迁徙自由不仅是一种政府不得干预的消极权利,更是一种需要政府保障的积极权利。
Freedom of movement is a basic civil rights in modern society. In modern society, freedom of movement includes not only the freedom of citizens to choose their own place of residence, but also the right to enjoy the treatment of local residents and the prohibition of any form of discrimination against immigrant citizens by local governments And the difference between treatment. In China, the constitutional freedom of movement clauses contrast with the social reality. After the founding of the People’s Republic of China, the household registration system and planned migration, which are based on the strategic needs of the consolidation of the political power, are the major obstacles to the realization of freedom of movement. Freedom of movement is not only a negative right that the government can not intervene but also a positive right that needs the government’s guarantee.