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迁徙自由权作为一项基本人权,被国内外学界所承认,但是我国当代宪法并没有将其写入其中,因此迁徙自由权入宪的问题一直都是学界讨论的热点。从应然权利向实然权利的转换不是一蹴而就,也不是仅仅通过文字上的规定就能实现了的。迁徙自由权的实现不是需要急迫地写入宪法,而是应当首先在现有的社会条件下为迁徙自由权的实现创造条件,从而在迁徙自由权能够得到实际保障的时候,再顺其自然将其写入宪法当中。
The right to freedom of movement as a basic human right has been recognized by domestic and foreign scholars. However, the contemporary constitution of our country did not include it. Therefore, the issue of freedom of movement into the constitution has always been a hot topic in academic discussion. The conversion from deserved rights to de facto rights does not take place overnight, nor can it be achieved by mere written rules. The realization of the right to freedom of migration does not need to be urgently written into the Constitution. Instead, it should first create the conditions for the realization of the right to freedom of movement under existing social conditions so that when the right to freedom of migration can be effectively protected, It is written into the constitution.