The Process Of Legalization When Chinese Government Disposed The Issue Of Overseas Chinese's Nationality In Modern History

The study of the process of legalization that the Chinese government experienced whendisposed the issue of the Overseas Chinese's nationality, is a new angle to research the subjectof Overseas Chinese and the process of legalization of the Chinese government's diplomacy.In this paper, firstly, it analyzes the changing course that the Chinese government' sunderstanding of the Overseas Chinese's nationality: at first, the government paid no attentionto Overseas Chinese and had no idea of nationality, then recognized the importance ofdefining the Overseas Chinese's nationality;after that , the paper uses the Nationality Laws,which the Chinese government has established at different times in modern history, as theordinate ,compare the different status of the government' disposition of the issue: before theestablishing of Nationality Law, the government had no law statute to according to ,so italways in passive position in the diplomatic negotiation that relevant to nationality, after theestablishing of Nationality Law, the government according to the Nationality Law andinternational convention to dispose the issue ,because of this ,it can hold more initiative andbeneficial position in the diplomatic negotiation. The Chinese government experienced agradual process of legalization.This study is on the basis of all the academic achievement relevant to this subject,integrates with the epoch background, puts use to lots of negotiate cases as the basic historicaldata, applies the way of combining the discussing with historical materials, uses somerelevant legal knowledge to analyze and explain the historical data. Try to reflect the processof legalization more comprehensively, and then reveal the significance and the effect of theprocess of legalization.This study has some academic significance: it can consummate the study of the OverseasChinese' history, the process of legalization of Chinese government's diplomacy and the studyof Chinese society' modernization. The study also has some realistic significance: The issueof the Overseas Chinese's nationality is the important factor that affects the Chinesegovernment' diplomatic relations today, so, the study has enlighten effect at the subject ofChinese government consummating the making of the Nationality Law, disposing and solvingthe issue of Overseas Chinese's nationality properly, harmonizing the relation between Chinaand Overseas Chinese's residential country, and the subject of ameliorating the plight ofOverseas Chinese in the residential country.