The freedom of movement is the people's natural rights,which is limited in the social structure and should be recognized and regulated into law. In addition to the migration of power,the ability to achieve freedom of movement is crucial. In modern times,the flow of capital chasing profits requires freedom of movement,which becomes the common pursuit of Western society. Similar to Western countries,through the introduction of market mechanisms,China has formed a general migration realities which require the adoption of free movement into law. But market-oriented trend is not really effective to form the universal freedom of movement. General temporary liquidity to cities and the continual acceptance of the migratory population,which are combined the formation of a “limited migration”,became the basic limits of freedom of movement into the constitution.
作者简介: 中国社会科学院法学研究所助理研究员,法学博士。
引用本文:
王耀海. 动力与能力:迁徙自由的法律化[J]. 人权, 2015, 0(2): 49-62.
Wang Yaohai. Motivation and Capability: The Necessity of Freedom of Movement into the Law. HUMAN RIGHTS, 2015, 0(2): 49-62.