The Causes And Characteristics Of China's Marine Illegal Emigration And Its Countermeasures

Illegal emigration harms China's national image and social security while evokes various crimes. Illegal emigration was rampant in some parts of China's coastal areas since 1987, which threatens the coastal area's social and political stability. This paper tries to probe into the actual situation, types and the harms of China's illegal emigration as well as to discuss the subjective and objective factors and historical and cultural backgrounds for illegal emigration and make further analysis on how to prevent and reduce China's illegal emigration.This paper consists four parts:Part-1 The illegal emigration phenomena are summarized in this part. In practice, illegal emigration is the behaviors of departing from or entering a country without legitimate procedures or violating the exit-entry legislation. The changing path of China's illegal emigration is wave-like--having both high and low periods. It can be divided into several phases: In a comparatively long period after new China's foundation, marine illegal emigration was considered as serious treason activity. Therefore, illegal emigration in this period was not severe though it happened occasionally. As the deepening of reforms since 1980s, the social and political environment became loose, so the illegal emigration began to be vigorous. From 1990s, China strengthens the supervision on sea by blocking the marine illegal emigration passage, which efficiently resists illegal emigration activities. By the end of 1990s, however, illegal emigration became rampant under the influence of home and abroad. While the illegal emigration activities are less active after the year 2000. The types of illegal emigration are group illegal emigration and individual illegal emigration, illegal emigration with license and without license, land boundary illegal emigration, air port and marine illegal emigration. Illegal emigration brings great harms: first of all, it imperils a country's reputation and influences its relation with other countries. Second, it tarnishes the image of oversea Chinese and hazards their rights. Third, it may bring crimes and threatens the social safety. Fourth, it imperils the illegal emigrants'rights. Fifth, it disturbs the social order of the entry countries.Part-2 The causes of marine illegal emigration.First, the labor demand is one of the factors. China's economic development is comparatively slow but it has labor surplus. While western countries and some new developed Asian countries are in need of labor. Second, the historical and cultural factor is one of the causes. For historical reasons, illegal emigrants are often from oversea Chinese hometown since the illegal emigrants can easily make a living in abroad. Third, the social background of the illegal emigration source area is one of the factors. People in some area regard illegal emigration as a good way to solve the labor surplus problems. The fourth factor is the aim country's policy. Some countries hold the idea of free emigration which attracts many illegal emigrants and makes these countries gather a large number of illegal emigrants. The fifth factor is that it is profitable for the organizer. Therefore, organizing illegal emigration has become a criminal industry. Part-3 The characteristics of marine illegal emigration.Marine illegal emigration is orient able and has strict organization. International Snakehead group has strict organization with its base abroad. The big snakehead or the boss do not get into a certain illegal emigration issue by himself but control the whole process in abroad. The process is also well organized and secretive. The snakehead group chooses different places to gather emigrants, hire boats and go to sea. The marine illegal emigration area is orientative. Most of the illegal emigrants are from Fujian, Zhejiang, Guangdong and the northeast part of China. The destinations of illegal emigration are America, Japan, South Korea, Canada, Australia, New Zealand, Hongkong, Macao and Taiwan. Second, the marine illegal emigration is secretive. The snakehead makes a way of bypass to be successful. They always take a route to a third country instead of going to their destination directly. Third, the illegal emigration is conducted in two ways--boarded on other boats and emigrating on a boat together.Part-4 The countermeasure to marine illegal emigration.First, close attention should be paid to illegal emigration issues for it is a problem appearing in the development which will last for a long time. Second, a system combining precaution, control and striking should be established. Education and positive guidance should be carried out to strengthen the precaution measures in coastal area. Third, rules concerning jurisdiction of legal case and repatriation should be made and perfected. Fourth, criminal laws should be perfected and judicial interpretation should be added. Civil case regulation and administrative regulation should be further completed. Fifth, international cooperation is to be strengthened. China may take an active part in the constitution of international treaty and agreement in preventing illegal emigration to perfect the international cooperation system of anti-illegal emigration.