Research On The Confirmation Of Exit-entry Documents Of The Exit/entry Border Inspection Authorities

Exit and Entry Administration Law of the People's Republic of China,which was formally implemented on July 1,2013,has achieved breakthroughs and improvements in the integration of existing laws and regulations on entry and exit management.It is the most important law in the field of entry and exit management in future.The law establishes the legal status of the act of confirmation of entry and exit certificates for the first time in article 69,and clarifying the exit/entry border inspection authorities' functions and powers of confirmation of exit and entry certificates as the legal subject,but does not specify the procedures,standards and remedies,or formulate corresponding administrative regulations or departmental rules.Because the entry-exit certificate is the primary condition and key factor for the holder to carry out the entry-exit behavior,the conclusion of the exit/entry border inspection authorities directly determines whether the right of entry-exit can be realized,and the lack of legislation is not conducive to the protection of the legitimate rights and interests of the passengers.By introducing the current research status of confirmation of entry-exit certificates,combining with the basis and specific procedures for the confirmation of entry-exit documents by exit/entry border inspection,this paper analyses the main problems faced by the implementation of identification of entry-exit documents by exit/entry border inspection from two aspects of lagging legislation and non-standard procedures.Then this paper redefines the concept of confirmation of entry-exit certificates,systematically expounds the theoretical basis of confirmation of entry-exit certificates by exit/entry border inspection,and distinguishing the difference and connection among appraisal of entry-exit certificates and identification of entry-exit certificates and itself.Finally,by comparing with the relatively mature administrative confirmation system of road traffic accident confirmation and fire accident confirmation in China,learning foreign entry-exit inspection system,in-depth analysis of the status of the exit/entry border inspection authorities of exit and entry certificates confirmation,perfecting cognizance system,procedure and relief,etc,to standardize the behavior of the immigration authorities of exit and entry certificates recognized opinions are suggested.