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迁徙自由是已被人们所接受的具有“普世价值”的基本人权。在紧急状态下,政府基于公共利益与公共秩序的维护,对公民的迁徙自由进行限制,使得公民的迁徙自由能否被限制以及限制的正当性分析的理论成为研究的重大课题。按照权利保护的性质与公共利益的价值,具有权利保障之根本目的是其目的正当性的基础,社会秩序与国家目标的现实需要,都保证了公民迁徙自由限制的现实正当性基础,且国家基于对人性善恶、公私利益的合理考量,是限制公民迁徙自由遵循的一般原理。但任何形式的限制都应在合理的限度内进行,以防止政府限制公民迁徙自由的公权力的滥用,惟其如此,方能实现宪政法治、人权的终极统一。
Freedom of movement is a basic human right that has been accepted by people as having “universal values.” In the state of emergency, the government, based on the public interest and the maintenance of public order, restricts the freedom of citizens to migrate and makes it possible for the citizens to restrict the freedom of movement and limit the legitimacy of the theory has become a major issue for research. In accordance with the nature of rights protection and the value of public interest, the fundamental purpose of guaranteeing rights is the basis of its legitimacy of purpose and the realistic needs of social order and national objectives, which guarantee the legitimate legitimacy basis for the restriction of citizens’ freedom of movement. The proper consideration of good and evil of human nature and public and private interests is a general principle that limits freedom of movement of citizens. However, any form of restriction should be carried out within reasonable limits to prevent the government from limiting the abuse of public power for citizens’ freedom of movement. Only in this way can the ultimate unity of the constitutional rule of law and human rights be achieved.