我国户籍制度改革的法学思考

发布时间：2018-06-18 22:58

本文选题：户籍 + 户籍制度　；参考：《黑龙江大学》2010年硕士论文

【摘要】：我国现行的户籍管理制度是以户口登记与户口审批作为前提,将我国人口分为农业家庭户和非农业家庭户的二元户籍管理制度。由于人们户口性质的不同在社会生活中所享受的政策也就不同,例如子女受教育、劳动就业、社会保障、医疗保险以及上大学录取分数线等等,通过户口审批在农业户口与非农业户口相互转换方面严格受到了限制,严重影响了宪法确认的平等权和自由权的实现。在经济社会日益发展的今天,现行的户籍管理制度不足暴露的越来越明显,严重限制了农村人口向城市流动,小城市人口向大城市、特大城市方向流动,限制了我国城市化的发展。作为特定历史的产物,城乡有别的二元户籍管理制度在计划经济条件下有其存在的必然,曾经为我国的现代化建设做出了巨大的贡献。但是,改革开放后,这一制度越来越多的不适应社会主义市场经济的发展,甚至成为了经济发展的障碍。国家和省、市各级人民政府认识到二元户籍制度的不足之处并逐渐开始重视,积极的推行一些便民利民的措施,来缩短现行户籍制度带来的差距,同时学术界也对户籍制度进行反思。当前,理论和实务界都在呼吁改革现行户籍制度,纷纷建言献策,在这一背景下,笔者试图以法学的视角,借鉴其他领域的研究成果,对我国户籍制度改革在历史溯源,现状考察,横向借鉴的基础上提出自己的方案设想。
[Abstract]:The current household registration management system in our country is based on household registration and household registration examination and approval. The population of our country is divided into agricultural households and non-agricultural households. Because of the difference in the nature of the hukou, the policies enjoyed by people in social life are different, such as the education of their children, employment, social security, medical insurance, and the graduation line for admission to university, and so on. The conversion between agricultural and non-agricultural hukou is strictly restricted through the approval of hukou, which seriously affects the realization of equality and liberty recognized by the Constitution. With the increasing economic and social development, the current household registration management system is becoming more and more obvious, seriously restricting the flow of rural people to cities, and from small cities to large cities and mega-cities. It limits the development of urbanization in China. As a product of special history, there are other dual household registration management systems in urban and rural areas, which are inevitable under the planned economy, and have made great contributions to the modernization of our country. However, after reform and opening up, this system is more and more unsuitable for the development of socialist market economy, and even becomes an obstacle to economic development. The state, provincial and municipal people's governments at all levels have realized the deficiencies of the dual household registration system and have gradually begun to attach importance to it. They have actively implemented some measures that are convenient to the people and benefit the people, in order to shorten the gap brought about by the current household registration system. At the same time, academia also reflects on the household registration system. At present, both theoretical and practical circles are calling for the reform of the current household registration system. Under this background, the author tries to trace back to the history of the reform of the household registration system in our country from the perspective of law and the research results of other fields. On the basis of investigation of the present situation, the author puts forward his own plan based on the horizontal reference.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D631.42

【引证文献】