Research On The Legal System Of International Refugee Protection

Refugees and refugee-related systems have developed from the emergence of France in1573 to about 400 years of history.From small-scale religious persecution to wave-like asylum-seekers;from the confirmation of refugee definitions in domestic legislation to the signing of a large number of special international treaties related to refugees;from the single grant of refugee protection by various countries to the establishment of multi-level protection by sovereign states and international organizations Mode;from the fact that refugees are only distributed in a few countries in Europe to a large number of refugees in Asia,Africa and Latin America,many European and American countries have become refuge destinations,and the world faces shared responsibility for refugee protection.Refugees,which have evolved from a single definition to a "problem",have so far been called a "crisis." But whenever refugees are always considered to be "the most vulnerable people",regardless of religious persecution,political conflicts,threats of violence,and even ecological crises,people may be forced to migrate to seek refuge and eventually become refugees.Therefore,the protection of refugees is the same as refugees Definitions are associated with each other.The refugee protection system is rooted in humanity 's deepest compassion and care for the same kind,and it is also a fear of the uncertainty of the future development of the self,because everyone has the chance of becoming a refugee.Therefore,the continuous improvement and development of the refugee protection system covers the entire process of governance from the generation of refugees to the confirmation of asylum status,to the proper placement and specific treatment and security.At the same time,the ultimate goal of the development of the refugee protection system is not " To protect "refugees" is to eliminate the root causes of refugees and return "refugees" to the status of ordinary citizens of sovereign countries.This article is based on the latest refugee data from international refugee protection authorities such as the UN Refugee Agency.Based on the data,the current status of refugees and other asylum seekers worldwide is analyzed and the problems are summarized,and the causes are sorted out.Based on the multiple definitions of refugees,compare the connections and differences between refugees and other types of asylum seekers,and summarize the development trend of refugee definitions.Second,sort out the source of the legal system for refugee protection,with the focus on the 1951 Convention on the Status of Refugees and the1967 Protocol,the 2016 New York Declaration on Refugees and Migrants and the 2018 Global Compact on Refugees,etc.Among them,the legally binding 1951 "Convention on the Status of Refugees" and the 1967 "Protocol" propose to use the method of treaty evolutionary interpretation to interpret the provisions of the refugee definition,and further clarify the scope of the refugee definition to meet the development of contemporary refugee practice.Once again,we will discuss the international law obligations of sovereign states and international organizations including non-governmental international organizations related to refugees in a targeted manner.Only by defining responsibilities can international cooperation be better realized.Next,in order to solve the problem of conflicts in the implementation of refugee protection laws in the process of refugee migration,specifically discuss and build a unified legal mechanism for screening,residence and departure,so as to uniformly regulate the content and coordinate the application of conflicts in the implementation of refugee laws.Based on the foregoing discussion of the international refugee protection legal system,the perspective of refugee protection finally settled in China,discussed the possibility of refugee legislation based on the status of refugee protection facing China,and finally summarized the enlightenment of Chinese refugee legislation and participated in the global refugee The proposal of the Chinese plan in the governance plan.The first part of the paper summarizes the current status of refugees in the world through the statistical results of the latest refugee data,including the latest changes in the number of asylum seekers,the current status of refugee distribution,the status of new refugees,the latest status of refugees in the Americas,the status of internally displaced persons,and the status of asylum seekers The status of asylum and the status of special asylum-seekers,which summarizes the main problems in refugee practice include the continuous increase in the number and regional distribution,the relatively high concentration of refugee receiving countries and mostly developing countries,the complex and stubborn roots of refugees,the international and domestic refugee protection The way is not good,etc.The cause of the refugee problem first focuses on the conflict between human rights and sovereignty in theory and practice.At the same time,it is unavoidable that the new root causes of the phenomenon of refugees have emerged as the reform and development of international relations.In the face of increasing pressure from refugees and new refugee factors,the effectiveness of binding refugee protection treaties in the application of contracting states is diminished and conflicts of application arise.At the same time,theinternational legal obligations of the main body of the refugee protection legal system,including the refugee treaties,are blurred,resulting in unclear responsibilities and limited international cooperation.In the process of coordination and organization of refugee protection,the effectiveness of intergovernmental international organizations is insufficient,and the functions of non-governmental international organizations have not been valued and fully demonstrated.The second part of the thesis returns to the reference point of the legal documents for refugee protection.First,it sorts out the legal origin of the refugee protection system.Global human rights and refugee legal documents select the traditional "United Nations Charter","Universal Declaration of Human Rights" and 1951 "Refugee Status" The Convention and the1967 Protocol,etc.,prominently incorporated two recent international documents,the 2016 New York Declaration on Refugees and Migrants and the 2018 Global Compact on Refugees.Regional refugee legal documents select African refugee legal documents and European refugee legal documents as representatives.After analyzing the situation of legally binding refugee treaties,the effectiveness of the application is reduced and other situations.According to this situation,it is proposed to use the evolutionary interpretation of the treaty to effectively interpret some of the provisions to make up for some of the concept lag and some provisions brought about by changes in international relations.The scope of application is unreasonable.The third part of the thesis makes an in-depth discussion on the content of the international law obligations of the subjects of the refugee legal system including sovereign states and international organizations.Based on the requirements of international cooperation,it urges to clarify the content of the subjects' international law obligations.First of all,sovereign states are mainly divided into refugee source countries and refugee receiving countries,and the construction of specific international obligation systems for refugee protection in these two types of countries is discussed in a targeted manner.Then,it divides international organizations into intergovernmental international organizations and non-governmental international organizations,and discusses the obligation setting and the division of functions of the two types of international organizations in detail.In particular,it focuses on the current monitoring and promotion role of non-governmental international organizations in refugee protection,and builds and innovates the establishment of a non-governmental refugee international organization based on the Global Compact on Refugees,based on its functions.The fourth part of the thesis specifically addresses the three important links in the refugee migration process,and discusses the conflicts in the implementation of refugee laws,and updates and unifies the refugee screening mechanism and residence system,respectively.Among them,the refugee screening mechanism innovatively builds a relatively clear and perfect screening process based on the reference and integration of multiple international document procedures and the screening procedures of multiple countries.In the residence system,the links of temporary residence,short-term residence and long-term residence have been redefined,and the time interval,area of ??residence,problem dilemma and solutions are discussed in detail for each link.The focus of attention in the last part of the thesis is on China 's refugee protection legislation.Analyze the current situation and dilemma of refugee problems facing China under the “Belt and Road” Initiative,and then analyze the feasibility of Chinese refugee legislation.Finally,link the theory of “Community of Human Destiny” with the global governance model of refugees,and discuss the enlightenment for Chinese refugee legislation,As well as the Chinese proposal for the global governance of refugees.