法律视野下的我国户籍制度改革与完善
发布时间：2018-09-19 18:25
【摘要】： 近年来,户籍制度越来越成为人们诟病的对象。事实上,户籍制度本身只是政府为掌握户口数量而设置的一种簿籍登记制度,它的存在有历史的必然性和合理性。但为什么要捅破这层纸的限制如此艰难?问题不在于户口本身,而是附加在户籍背后的种种现实利益。户籍制度问题的背后是人民渴望享有同等国民待遇的权利、消除社会不公平、缩小社会差异、改变中国社会的二元结构。从这个角度上说,彻底废除户口限制的要求是基于社会道义的角度发出的声音,是可以理解的。 不过,改革开放以来,多少人曾为废除户籍限制献言献策,但最终都未能从根本上撼动户籍制度的现状。中国政府也曾多次组织户籍制度问题调研,希望将情况摸透后进行变革。让政府担心的是,户籍制度一旦放开,将会导致大批流动人口涌入城市,给已经十分紧张的政府服务体系添加最后一根稻草;同时,政府也担心未来的经济发展将会遗漏农村地区,导致社会动荡及犯罪率不断攀升。两权相害取其轻,中国政府并没有采取激进的做法,一夜间宣布有关限制政策作废,而是以谨慎、保守和渐进的策略,从外围入手,逐步淡化户籍制度对居民的影响。这种由外围到核心的改革战略代价较小,正是中国渐进式改革道路的必然反应。中国的城市化和市场化并未完成,可以预见,作为转型期的一条“绳索”,户籍制度不能突然放开,但也不能捆得太紧,最好的选择是,通过改革建立健全社会保障体系,实现政府公共产品和服务的公平化,使中国社会从户籍限制中金蝉脱壳。党的十七届三中全会提出,我国总体上已进入着力破除城乡二元结构、形成城乡经济社会发展一体化新格局的重要时期。这一论断,也为户籍改革指明了方向。 随着中国城市化进程的快速发展以及人口从乡村向城市的流动不断加快,户籍制度对城市流动人口尤其是进城农民的限制突出地表现出来。这一限制作用在社会结构的层面上形成了基于城市市民与进城农民两大身份群体的城市二元社会结构。要破除这一结构难题,户籍制度改革是必然之举,这是中国城市化发展的内在要求。而要真正实现农民的市民化,必须从根本上消除与户口直接挂钩的不平等待遇,这正是当前城市户籍制度改革的最大难点所在。 本文试从五个方面阐述法律视野下的户籍制度改革与完善:第一部分论述我国现行户籍制度改革的背景,对户籍制度的内容、功能等加以介绍;第二部分论述我国现行户籍制度与公民基本权利的关系,例如平等权、受教育权等;第三部分论述国内外户籍制度比较研究成果,分析利弊,借鉴精华;第四部分阐述如何在法律方面对户籍制度加以改革,尤其是《户籍法》和《身份证法》;第五部分论述与我国户籍制度相关的配套法律措施方面的改革。
[Abstract]:In recent years, the household registration system has become the object of criticism. In fact, the household registration system itself is only a kind of register system set up by the government for controlling the number of hukou, and its existence has historical inevitability and rationality. But why is it so hard to break through the limit on this layer of paper? The problem lies not in the hukou itself, but in the real interests attached to it. Behind the problem of the household registration system is the people's desire to enjoy the right of equal national treatment, eliminate social injustice, narrow the social differences, and change the dual structure of Chinese society. From this point of view, it is understandable that the demand for the complete abolition of hukou restrictions is based on social morality. However, since the reform and opening up, how many people for the abolition of household registration restrictions, but ultimately failed to fundamentally shake the status quo of the household registration system. The Chinese government has also organized research on the household registration system, hoping to change the situation. What worries the government is that, once the household registration system is liberalized, it will lead to the influx of large numbers of migrants into the city, adding the last straw to the already tight government service system; at the same time, The government also fears that future economic growth will leave out rural areas, causing social unrest and rising crime rates. The Chinese government has not taken any radical measures to annul the restriction policy overnight. Instead, it has gradually downplayed the impact of the household registration system on residents with a cautious, conservative and gradual strategy, starting from the periphery. This kind of reform strategy from periphery to core cost less, it is the inevitable reaction of China's gradual reform road. China's urbanization and marketization have not been completed. It can be predicted that as a "rope" in the transition period, the household registration system cannot be suddenly liberalized, but it cannot be tied too tightly. The best choice is to establish and improve the social security system through reform. To realize the fairness of government public goods and services, the Chinese society can get rid of the household registration restrictions. The third Plenary session of the 17th CPC Central Committee proposed that China has generally entered an important period of efforts to break down the dual structure of urban and rural areas and to form a new pattern of integration of urban and rural economic and social development. This argument, also for the household registration reform pointed out the direction. With the rapid development of China's urbanization process and the rapid flow of population from the countryside to the city, the restrictions of the household registration system on the urban floating population, especially the peasants in cities, have been highlighted. On the level of social structure, this restriction has formed the dual social structure of city based on two identity groups: urban citizen and peasant. In order to overcome this structural problem, the reform of household registration system is inevitable, which is the inherent requirement of the development of urbanization in China. In order to realize the farmer's citizenship, we must fundamentally eliminate the unequal treatment directly linked to the household registration system, which is the most difficult point in the current reform of the urban household registration system. This paper expounds the reform and perfection of the household registration system from five aspects: the first part discusses the background of the current household registration system reform in our country, and introduces the contents and functions of the household registration system; The second part discusses the current household registration system and the basic rights of citizens, such as the right to equality, the right to education, etc. The fourth part expounds how to reform the household registration system in the legal aspect, especially the household registration law and the identity card law, and the fifth part discusses the reform of the supporting legal measures related to the household registration system in our country.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.42
本文编号：2250958
[Abstract]:In recent years, the household registration system has become the object of criticism. In fact, the household registration system itself is only a kind of register system set up by the government for controlling the number of hukou, and its existence has historical inevitability and rationality. But why is it so hard to break through the limit on this layer of paper? The problem lies not in the hukou itself, but in the real interests attached to it. Behind the problem of the household registration system is the people's desire to enjoy the right of equal national treatment, eliminate social injustice, narrow the social differences, and change the dual structure of Chinese society. From this point of view, it is understandable that the demand for the complete abolition of hukou restrictions is based on social morality. However, since the reform and opening up, how many people for the abolition of household registration restrictions, but ultimately failed to fundamentally shake the status quo of the household registration system. The Chinese government has also organized research on the household registration system, hoping to change the situation. What worries the government is that, once the household registration system is liberalized, it will lead to the influx of large numbers of migrants into the city, adding the last straw to the already tight government service system; at the same time, The government also fears that future economic growth will leave out rural areas, causing social unrest and rising crime rates. The Chinese government has not taken any radical measures to annul the restriction policy overnight. Instead, it has gradually downplayed the impact of the household registration system on residents with a cautious, conservative and gradual strategy, starting from the periphery. This kind of reform strategy from periphery to core cost less, it is the inevitable reaction of China's gradual reform road. China's urbanization and marketization have not been completed. It can be predicted that as a "rope" in the transition period, the household registration system cannot be suddenly liberalized, but it cannot be tied too tightly. The best choice is to establish and improve the social security system through reform. To realize the fairness of government public goods and services, the Chinese society can get rid of the household registration restrictions. The third Plenary session of the 17th CPC Central Committee proposed that China has generally entered an important period of efforts to break down the dual structure of urban and rural areas and to form a new pattern of integration of urban and rural economic and social development. This argument, also for the household registration reform pointed out the direction. With the rapid development of China's urbanization process and the rapid flow of population from the countryside to the city, the restrictions of the household registration system on the urban floating population, especially the peasants in cities, have been highlighted. On the level of social structure, this restriction has formed the dual social structure of city based on two identity groups: urban citizen and peasant. In order to overcome this structural problem, the reform of household registration system is inevitable, which is the inherent requirement of the development of urbanization in China. In order to realize the farmer's citizenship, we must fundamentally eliminate the unequal treatment directly linked to the household registration system, which is the most difficult point in the current reform of the urban household registration system. This paper expounds the reform and perfection of the household registration system from five aspects: the first part discusses the background of the current household registration system reform in our country, and introduces the contents and functions of the household registration system; The second part discusses the current household registration system and the basic rights of citizens, such as the right to equality, the right to education, etc. The fourth part expounds how to reform the household registration system in the legal aspect, especially the household registration law and the identity card law, and the fifth part discusses the reform of the supporting legal measures related to the household registration system in our country.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D631.42
【引证文献】
相关硕士学位论文 前2条
1 韩明军;基于政策变迁理论视角的我国户籍制度改革可行性及对策研究[D];广东海洋大学;2011年
2 张莹;我国户籍制度的功能及其变迁研究[D];中央民族大学;2010年
，本文编号：2250958
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