| Overseas Chinese which bridges our country and the world is an important overseas resource and plays an irreplaceable role in the development of society, economy and culture in China, as well as in pushing and realization of the reunification of our country .Along with the frequently infringement of overseas Chinese's rights and interests, the voice of implementing legal protection to their rights and interests grows to even greater heights. Present researches on overseas Chinese's rights and interests are concentrating on the domestic protection, and issues of how to effectively protect the rights and interests of overseas Chinese abroad is still the weak field of recent law science studies. In this case, researching on the legal protection of rights and interests of overseas Chinese is of great practical significance.With long-term residence abroad, overseas Chinese is found in more than 100 countries and regions in the world. The origins of emigrating can be traced back to 2000 years ago. As a special group, they have their own unique laws of existence and development. Considering its unique characteristics and developing laws, we should carry out the legal protection from both international side and domestic side. However, the existing legal protection can not meet the needs of developing international relations under the environment of globalization because the legal protection of rights and interests for overseas Chinese faces two major obstacles. From a sociological point of view, it is faced with social obstacles such as conflicts among nations, racial discrimination and hostility caused by economic globalization. From the legal point of view, it is faced with legal obstacles such as lack of legislation and limited capacity of enforcement of law in overseas. These two major obstacles make it difficult for China to protect those overseas Chinese and the existing legal protection also can not meet the practical needs.To solve the issues listed above, China should make full use of those mechanisms in the United Nations such as the Human Rights Protection Mechanisms, the human rights Council, Human Rights Committee and the Elimination of Racial Discrimination Committee and take active steps in joining related international organizations and signing treaties. At the same time, overseas Chinese should also learn to protect its own legitimate rights and interests by making use of those consular protection mechanisms and understanding the scopes and functions of consular protection, and it is necessary for them to realize its own obligations as well as to cooperate with those mechanisms. In domestic legislation, relevant legislation should be improved to fulfill those legislative gaps. It should be clear that legislation to protect the rights and interests of overseas Chinese is the needs of social development and requirements of specific national conditions as well as requirements of protecting overseas Chinese. Efforts to make laws on the basis of legislative guidelin es by the Constitution, the party and the government, to adhere to the tilt protection principles and to properly solve the problems faced will be definitely helpful in drafting effective domestic legislation to overcome those obstacles and improve the legal protecting status of rights and interests of overseas Chinese.
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