Research On The Legal System Of Repatriation Of Illegal Immigrants

Due to globalization, the problem of illegal immigrants becomes more and more serious which has been a negative factor influencing the world’ harmony. In order to solve this problem, every country strengths border control, improves legal construction and perfects all kinds of measures to deal with illegal immigrants. As a major way to solve the problem of illegal immigrants, repatriation system has been established in most countries around the world. Our country builds the repatriation system in the Exit and Entry Administration Law which was enacted in2012. In this new law, it makes reasonable and clear provisions on how to repatriate illegal immigrants. However, the provisions on repatriation system in the law are not perfect, and deficiencies exist in several aspects of it. So it is essential to revise these provisions under the ground of borrowing other countries’legal experience. In this way, the repatriation system can be made full use to solve the increasing-serious problem of illegal immigrants in China.The paper is divided into four chapters. The first chapter presents the concepts and meanings of illegal immigrants and repatriation. In this chapter, it tells how to define an illegal immigrant and how to distinguish repatriation from extradition and deportation. On the basis of understanding all the concepts mentioned above, the second chapter begins to analyze the legal foundations for repatriating illegal immigrants. Every country’s domestic laws, especially the immigration laws or exit and entry administration laws are the major legal foundations for repatriation. In the third chapter, the author detailed describes the contents of repatriation system of illegal immigrants. There is no specialized convention on repatriation system. Due to different histories, state structures, economic developments, every country’s provisions on repatriation system are different. But in general, two conditions should be met. The reason for repatriating illegal immigrants is one disrupts a country’s public order, national safety or public health. The other is that the decision to repatriate illegal immigrants must be issued by national organs. And the executive routine should accord with its domestic law. Further, the author concludes the provisions on repatriation system form Immigration and Nationality Acts of America and Immigration and Refugee Protection Laws and Acts of Canada. At the same time, the author concludes exceptional conditions where repatriation system can not be used because of humanitarianism. In the last chapter, the author major analyzes Chinese repatriation system, especially provisions in the Exit and Entry Administration Law of2012. The provisions on repatriation system in the new law are more specific and clear than those in the former one. While, there are still some deficiencies. So the author borrows legal experience from other countries and raises several suggestions on scope of application, executive procedure, right relief and other aspects to prefect provisions on repatriation system in the new law.