| With the continuous of development of economic globalization, international relations have become increasingly frequent, exchanges between the peoples of various countries also significantly increased. The number of Chinese and Russian citizens abroad also increases, so that the two countries have been involved in the number of cases concerning the violation of citizens` rights and their security. Safeguard the rights and interests of citizens abroad is an important part of embassies and consular officials work.Currently, rights infringement and security issues of Chinese and Russian citizens abroad became complex and changeable. The two governments pay close attention to the situation of overseas citizens and governing philosophy had gradually changed from a focus on the protection of national interests abroad into the protection of citizens and national interests abroad. China and Russia began rapidly develop consular protection and, improve the domestic and international legislation to establish a new mechanism of strengthens the cooperation with various departments and agencies, and expands bilateral consular cooperation.The Consular protection is a country`s consular officer or consular officer,according to the country`s national interests and foreign policy, and the limits of international law, the state of the recipient protect their citizens` rights and interests on the basis of international conventions, bilateral consular treaties and agreements,international practice and domestic legislation. Consular protection ranks the independent status in international law and foreign law system. This thesis is focusing on the comparison of the legal system of consular protection in Russia and China, the purpose is to discuss the theory, system and practice of consular protection in the context of globalization. The subject of this research is the consular protection, the object is the consular relations, the author stress on the legal concept of consular protection system of the both countries. This paper is based on the theory of human rights protection.Unfortunately, Chinese and Russian jurists’ research on this question is still relatively small. Most of Soviet works pay attention to the field of the consulate service.The Soviet scholars searched the 1963 “Vienna Convention of Consular relations” and the domestic legal system situation. Russian scholars interesting in the international law and domestic law, diplomatic protection and consular protection system, honorary consular legal status, and the legal status and functions of consular officers and consular officials. In recent years, many China scholars interesting in the diplomatic protection,the international law on the exhaustion of local remedies. Modern research of consular protection issues of Chinese jurist can be divided into several main directions. In the first direction, advocate consular protection is individual right and another in order to emphasize the consular protection is right for the country mainly, the representatives of the third direction, research on consular protection system, consular notification right,consular access and narrower issues, the fourth direction study foreign consular protection. Although there are some articles and papers which are related to the protection of the consulate, the comparative study on the legal system of consular protection in the two countries is rare.At present, China and Russia have published articles and papers related to the consular protection, but there are few comparative studies on the legal system of consular protection of the two countries. In the process of the international cooperation and multilateral development, China and Russia have become more and more frequent, and the comprehensive comparative study of Chinese and Russian consular protection system is very necessary. Since China is a strategic partner of Russia, the two countries need to strengthen cooperation in the diplomatic and consular aspects. The basis of Sino Russian cooperation is the protection of overseas citizens, the control of the migration flow, the exchange of experts, the coordination of international crimes etc. In order to better protect the two countries in the overseas Chinese citizens, we must have a clear understanding of the legal system of consular protection in Russia and China, in this regard to actively exchange experience.The thesis follows from the basic to the local consular protection issues, with the special nature of the two countries consular protection system as a starting point, with its own national people in foreign countries were arrested or detained as the main logic. The author mainly bases on the connotation and basic issues of the consular protection, which is not consistent with the international law and the domestic law standards. In this paper,the historic research method of the Chinese and Russian consular protection system is used. The third chapter author analyzes the different time stages of consular protection development, reveals the identification of different stages, comprehensive the results of different ways of consular protection, and observe the status of consular protection. From the Chapter 1to the Chapter 4 directly using the methods of literature analysis, observe the special stage of the consular protection system development of both China and Russia,put forward the basic direction of Chinese and Russian jurists research, through the analysis the other countries research of consular protection system development and international practice. The seventh Chapter shows the status of the legal system of consular protection of Russia and China through case analysis, search of the Chinese and Russian consular protection in different situations. In the eighth chapter, the author uses the empirical analysis to compare the development of the Chinese and Russian consular protection system, and observe the development status and challenges of the two countries consular protection system. The author has carried out experiments on the basis the bilateral and multilateral treaties of the two countries, which have been involved in consular work. In order to improve the fine of the consular protection points of the Chinese people`s Republic of China and the Russian Federation in 2002. From the fourth to the seventh Chapter, the comparative analysis of the legal system of the consular protection had been used. In addition, the author also uses the comparative analysis method to discuss the issue of the implementation of consular protection in other countries. In addition, using the etymology comparative method to analysis and make a difference of meaning between the two words “consular protection” and “diplomatic protection”. Through the semantic analysis of the word “consular protection” in China,Russia, the United States and the European Union, this paper examines the understanding and interpretation of the above countries. As a result, there are differences of the definition, content and scope of the consular protection in different countries. Comparing of China, Russia in the domestic regulations and the bilateral treaty without the consular protection, only the word consular assistance, but the meaning of consular assistance and consular protection is the same. In addition to the above research methods, the author uses the method of deduction, induction, analysis and synthesis.The author mainly searches the Sino Russian consular protection system issues fromthe five aspects, including definition, connotation, applicable conditions, objects and application. On the basis of multilateral and bilateral treaties, the domestic legislation and practice of China and Russia and on the protection of human rights, paper have tried to improve the 2002 Treaty of the people’s Republic of China and the Russian Federation;the frameworks of powers of Consular in of the Consular protection process; Free contact with the sending country`s nationals; The position of the nationals to be arrested or detained; Consular assistance to refugees and stateless persons; Consular protection to the nationals of the sending state in the receiving state; consular protection of overseas workers working in the receiving country; Consular protection to the students of the sending state in the receiving state; Consular assistance according to the insurance case;Consular fee etc.The development of Chinese and Russian consular protection system can be summarized as follows: standardization of work process of foreign embassies, worked out many standard acts on Chinese diplomatic missions, consular officers and consular officials of the Ministry of international rights and obligations, the protection of the scope of duties of Chinese citizens and others. Although the Chinese and Russian consular departments in the development of consular protection system has been a great success, but there are still some shortcomings. It is better to say that the phrase “consular protection” and the consular protection system have international origin, and most of the western countries are adopted, which are regarded as the international standard. The author of the text thinks that in order to work closely with international law and domestic law, it is necessary to rely on the practice experience of the former regulations, the Chinese and Russian consulate, and other countries` diplomatic missions and consular protection experience. This paper is mainly focused on the consular protection code, in addition to the details of the consular protection, also should include the provisions of the administrative responsibility of the pursuit of consular officers. The thesis follows from the basic to the local consular protection problem, from the five main aspects to study the problem, with the special nature of the two countries consular protection system as a starting point, with its own citizens in foreign countries were arrested or detained as the main logic.The core of the study is: although China is implementing the “people-oriented,politics for the people” concept, as well as Russia in the implementation of the new foreign policy process, especially in the improvement of consular protection, but the two governments still face a variety of challenges. China lacks of effective treatment of dual nationality issues, the proposed Chinese government to recognize dual citizenship, which is easy to protect the distribution of the exercise of consular protection. China’s domestic laws protect the overseas Chinese and their families only on the territory of China, and there are no rules to protect the rights and interests of overseas Chinese in foreign countries. Russia is also lack of similar regulations. So it is necessary to improve the aspects of consular protection object. In addition, the two countries should aim at protecting the rights of migrant workers, refugees and stateless persons.In a view of the increasing complexity of consular protection cases, it is necessary to improve all consular protection mechanisms, if it is necessary to establish a new mechanism, such as the “Overseas consular protection research mechanism”. The Russian government must find new consular protection funds. Russia and China must take into account the strengthening and improving the consular judicial protection, the establishment of professional so-called “judicial consul”. The detailed provisions shall be made in the field of consular notice and consular visits, including the time interval between the first and the second consular visits, and the contents of the consular visits. In order to reduce consumption, Russia must find a new economic source of consular system,and China may on the basis of the private sector support consular service.Needs to be emphasized, that China and Russia consular protection legal system unity will play a very important role, so as to strengthen cooperation between the two countries. This is helpful to the two countries’ position on key global and regional issues,and as an important part of global and regional stability. Moreover, in order to better exchange of experience it would be necessary more often organize consular consultations,consular protection seminar, improve the skills of consular officers training and others.The two countries can try on the basis of the Shanghai Cooperation Organization to develop the “common protection mechanism” of rights and interests of citizens in the overseas. |
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