The Development & Improvement On Chinese Nationality Law In The View Of Comparative Law

Nationality is an important and complicated issue of international law. It is of great importance to both person and country. With the appearance of immigration globalization, our country's 1980 Nationality Law seems to have many improper legal provisions. Some provisions contain contents which can easily initiate the dual nationality phenomenon, thus improvement of PRC nationality regime is extremely necessary. Therefore, the author examined the Chinese nationality legislation historical documents, characteristics of the nationality law existing in the Taiwan area, legislative trend of the modern nationality laws, through the comparison of the old Chinese nationality law with the new one, the present laws in both side of Taiwan strait, the Chinese and foreign nationality laws concerned, the author concludes that flexibility and soft policy is a advisable approach, and the necessity of taking into account protection of personal and national interests. Because of the shortages in existing nationality law about endowment of citizenship to the children and the adult, the author proposed some the suggestion and guidelines on amendment to the law. Namely in the legislative formality, the legislature should adopt amendment, declare authoritative interpretation, enact enforcement detailed rules etc to improve legal framework. As for amendment content, it should adopt the elastic nationality policy and the revision of certain provisions to make PRC nationality perfect and complete.