Comparison Research On The System Of Immigration Right Between China And Foreign Countries

In the modern society, as a result of the factor that economy, politics and geographical environment difference, causes national and the district development is not balanced, but took right individual on person and all things on the earth are similar that to seek to the good nature living conditions from the naturality, and to seek from the sociality embarks to pursue a better economy, society, the culture and the political context, and to get great effort to not stop for this moves. The humanity from essentially says is moves. As a normal part of the human individual and collective life, moves is integrant, the immigration is inevitable. In the human history, each time, each quoin and each kind of civilization has diverse immigration way.From national perspective, if the individual acts of movement of people beyond the concept of the state, the right of free immigration between the nation and state, nation and region, district and area, from my opinion is the right of immigration on the most essential sense. From the development of history, the development of the right of immigration is not isolated, but resulted by many factors among which economic factors, political factors, environmental factors and cultural geography legal factors played a crucial role. All countries in the world due to the above reasons formed an immigration system with their own characteristics. For better learning foreign immigration patterns, the author embarks from the basic content of migration right to point out the human rights attribute of immigration, and analysis the doctrine of concept, the nature, the value and carries on the legal principle theory of law, from the basic concept that the right of immigration is the basic elements of human rights, based on the theoretical framework of human rights, stressed that the contribution of human rights is one of the rights of immigration. Used Comparison of vertical and horizontal approach, we study the right spirit and principles of the establishment and specific framework of the United States on behalf of the common law, the Taiwan region representing the civil law and as a representative of mixed law ,Japanese and Hong Kong as a special region of the immigration system.To further discussing the improvement of Chinese immigration system, in view of the situation of Chinese right of immigration, inspected from the immigration management system, the content of the rights of immigration and immigration laws, the author believes that China is adopting a hybrid immigration management system. The main existing problems of the current immigration system perform as the separation of rights, institutional dislocation and related regulations and systems out of date. And the suggestion is that this system needs to be newly constructed from the following aspects: Firstly, immigration right must be added into the Constitution to guarantee the legal basis on what the rights of immigration system established; Secondly, the formulation of a unified China immigration laws change the current unified legal system; Thirdly, improve relief measures of the rights of immigration both from the public and private aspects; Fourthly, to establish a new unified border security inspection department for private business, to optimize the original setup of the department and to recon figurate the powers and rights; Fifthly, the restrictions on the discretion of the executive and administrative areas, stress the right immigration's central authority attributionAll in all, the text begins with the basic contents of human rights of immigration, bases itself on the theoretical framework of human rights, adopts a historical point of view and vertical and horizontal comparative study methods, fully inspects and discusses other countries and regions'immigration system, critically scrutinizes the immigration-related regulations in China's the immigration system, and tries to build a immigration system theory and practice system that complies with China's practical circumstances by using constructive thinking and facilitates actual operation.