论我国户籍制度改革的方向

【作者】 张斌；

【导师】 杨心宇；

【作者基本信息】 复旦大学 ， 法律， 2008， 硕士

【摘要】 户籍制度改革是近年来备受关注的话题之一。建立保障公民基本权利的现代户籍制度,是从传统社会向现代社会过渡的重要标志之一。新中国建立以来,党和政府高度重视户籍制度建设,国家通过制定和实施户籍制度,最大程度地掌控各项社会资源,保障了计划经济的顺利实施,并迅速建立起社会主义国民经济体系。但勿庸质疑,我国的户籍制度存在诸多问题,特别是其中不少规定有悖法理且涉及违宪,严重侵犯了公民的基本权利,直接造成社会不公和城乡二元社会的分隔、分治,这已成为制约中国现代化进程的一项体制性障碍。可喜的是,党中央省时度势,已明确指出要加快建立有利于逐步改变城乡二元结构的体制,推进户籍制度改革。要扩大社会主义民主,更好保障人民权益和社会公平正义。国家有关部门也丌始逐步对户籍制度进行改革。另一方面,随着依法治国方略的施行,广大人民群众的基本权利意识快速提高,由户籍制度的弊端引发的各类深层次矛盾和问题越来越引起人们的重视和反思,并开始从社会学、人口学、历史学等多学科角度进行理论研究。本文试从法理和宪法的角度,分析我国户籍制度存在的弊端及对经济社会发展产生的影响,户籍制度应有的内涵与价值,当前制约和影响户籍制度深入改革的因素及其面临的困境,在此基础上,对户籍制度的改革方向作探讨并提出对策和建议。更多还原

【Abstract】 The reform of household registration system has been the focus of people’s everyday topic in recent years. Establishing the modem household registration system, which protects citizens’ basic rights, is one of the important signs of the transformation from traditional society to modern society. Ever since the foundation of the People’s Republic of China, the Party and Government have laid special emphasis on building up household registration system by laying down the relative regulations and carrying them into effect, thus controlling all the social resources to the greatest degree and ensuring the implementation of planned economy. As a result, the socialist national economy was swiftly founded. However, there is no doubt that in the household registration system in our country exist a lot of problems, some of which are against the law or even violate the Constitution, thereby infringing upon citizens’ basic rights and resulting in social unfairness and separation of the city and the country. What’s mentioned above has become a obstacle to China’s modernization. To our relief, the Party Central Committee has examined the situation and pointed out that it is necessary to quicken the steps to establish the system which helps to change the dual-structure of the city and the country, promote the reform of household registration system, increase socialist democracy and protect the people’s interests as well as social justice. China’s departments concerned has started to reform household registration system. On the other hand, with the enforcement of the policy to govern the country according to law, the people’s consciousness of basic rights has been growing fast. Therefore, the various contradictions and problems caused by the disadvantages in household registration system have led to people’s attention and thought. People have begun to carry out theoretical studies from different angles of subjects such as sociology, demography and history. My thesis tries to analyze the following four points from the angles of jurisprudence (legal principle / theory of law) and constitution: disadvantages in China’s household registration system and its influence on the development of economic and society, the connotation and value of household registration system, the factors that restrict and influence the thoroughgoing reform of household registration system as well as the difficult condition which the system is in, the direction in which the reform of household registration system is going and countermeasure of and suggestion on it.更多还原