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公民的迁徙自由亦称迁徙权,从严格的法律意义上讲,是指公民在本国境内享有离开原居住地移居异地的自由。迁徙自由属于人身自由的范畴,是人的行动举止自由的重要内容,又具有社会经济权利的性质,与人的社会经济活动密切相关。我国1954年宪法第90条曾明确规定:“中华人民共和国公民有居住和迁徙自由”。但由于种种原因,迁徙自由均未再写进后来的三部宪法。
Citizens’ freedom of movement is also referred to as the right to migrate. From a strict legal sense, it means that citizens enjoy the freedom to relocate from their place of origin within the territory of their own country. Migration freedom belongs to the category of personal freedom. It is an important part of man’s freedom of movement. It also has the nature of social and economic rights and is closely related to people’s social and economic activities. Article 90 of our 1954 Constitution clearly stipulated: “Citizens of the People’s Republic of China have the right to live and migrate.” However, due to various reasons, freedom of movement are not written into the later three constitutions.