Eliminating De Facto Dual Nationality Phenomenon In China

Nationality is a legal concept which means a person as a member of a particular country has the legal status in this country.Nationality is very important for both country and individual.As the principle of acquisition and loss of nationality is not the same in different countries,it has led to the emergence of dual nationality phenomenon.The Nationality Law of 1980 clearly refuses to recognize dual nationality for any Chinese citizen.This conformed to the international situation at that time and eased the relationship with Southeast Asian countries.But the number of people who have dual nationality is increasing in recent years with the deepening of globalization.Therefore,this article focuses on the dual nationality problems of children and adults in perspective of Exit-Entry administration.In addition to that,this article also analyzes the reasons why there are more dual nationality problems in recent years.These dual nationality problems have brought many new challenges to Exit-Entry administration work.With the changes in both international and domestic levels,appeals of recognizing dual nationality by law in China are growing not only in academia but also in practice.In this paper,the author insists that China should still adhere to the principle of "Single Nationality " after making a comparative analysis on the views of dual nationality supporters and opponents.Moreover,this paper will put forward some ideas from the subjective and objective aspects of solving dual nationality problems.Finally,on the premise of adhering to the principle of "Single Nationality ",the author hope to find solutions to the problems of dual nationality and thus to construct a new order of nationality management according to law.This article mainly includes four parts:Part 1 is about nationality conspectus.It introduces the basic concept and significance of nationality,ways of acquisition and loss of nationality and the concept of dual nationality.This part also includes a review of the history of Chinese nationality legal system and the birth of the Nationality Law of the People's Republic of China in 1980.Part 2 deals with dual nationality problems in Exit-Entry administration.It makes a brief introduction to Exit-Entry administration,the functions of Exit-Entry administration authorities and nationality identification.This part analyzes the dual nationality problems of children and adults from practical perspective based on a large number of cases.It also analyzes the causes and dilemma of the increase of dual nationality problems.Part 3 concerns the debates on whether to recognize the dual nationality or not.It provides an overview of the views of those who support dual nationality and those who oppose dual nationality.This part includes a comparative analysis on nationality policy of the world's major countries.After a rational analysis of whether it will do good to the national interests,it suggests that China should still adhere to the "single nationality" principle.Part 4 is about how to solve the dual nationality problems.It puts forward some paths to solving dual nationality problems from both subjective and objective aspects.On the one hand,it suggests improving the legal basis of nationality management,and strengthening the means of discovery and treatment measures of dual nationality,such as strengthening the information platform construction and the biometric comparison technology.On the other hand,it advises to strengthen the education about nationality,to solve the actual needs of people having dual nationality,such as reforming and improving the permanent residence system and simplifying the procedures of handling nationality matters.