Study On The Protection Of Project Immigrants Legal Rights And Interests In Our Country

Immigration is the inevitable process of the development and progress of human society.Immigrants typically include voluntary immigrants and compulsory immigrants.Project immigrants have become the mainstay of compulsory immigrants.As the development of economy and society,the number of project immigrants is increasing.Works to protect the legitimate rights and interests of project immigrants is the need for survival and development and the need for social stability and harmony.Since 1949,a number of policies and regulations to protect immigrants rights and interests has legislated,but these policies and regulations did not protect the rights and interests of immigrants.Since the launch of the Three Gorges Project,the state gradually established policies and regulations to protect the rights of immigrants.However,with the economic and social development, these policies and regulations could not meet the needs of immigrants rights and interests protection anymore.The purpose of this paper is to use the basic theories of law and experience from policies and regulations which improve the legal institutions in our country.Some legislative proposals will be put forward.This article is divided into five chapters.Chapter 1:Introduction:Thesis of this chapter includes the background, significance of topics and research methods,and study characteristics,new ideas, and the theory of project immigrants.The study on the theory about protection of immigrants rights and interests are reviewed.This article holds that the project immigrants rights and interests are not only associated with national interests,but also related to the interests of corporation.How to balance the interests between the national,the corporation and immigrants is the key to promote project construction,and the achievement of national,enterprises and immigration interests to a win-win situation.Chapter 2:The fundamental problems to protect the project immigrants rights and interests:First,this article defined the project immigrants as the immigrants caused by the state for public construction projects.And the author summarized the characteristics of project immigrants and the specific content of the rights and interests of project immigrants.Secondly,the author analyzed the jurisprudence of the protection the rights and interests of project immigrant.The thought of the right of survival,the thought of the right to development,the thought of social equity,social responsibility and the state ideology of compensation theory.These theories are the solution to various problems of immigrants guiding ideology or principles are the principles and guiding ideology of the jurisprudence of the protection the rights and interests of project immigrants.Finally,the author studied the basic legal issues of the protection of immigrants rights and interests,analyzed the properties of legal relations and clarify the main body of the legal relationship,object and content,which laid a legal framework to protect the interests of immigrants.Chapter 3:The status about the protection of project immigrants rights and interests in our country:the author studied the research to project immigrants rights and interests protection legislation present situation,summarized the result, and analyzed the current main question and the reason,the author thinks that the legislation of the project immigrants rights and interests need to be improved in that it can not provide the effective protection for immigrants in our country.Chapter 4:The comparison of the protection of immigrants rights and interests between China and abroad,and the enlightenment for our country's legislation:The author analyzed the legislation exploration in protection of project immigrants rights and interests in China,and summed up the experience of the immigrants legislation in our country.And the author also studied on the World Bank guidelines for involuntary resettlement and the experience of immigrants legislation of the United States,Japan,Turkey.the author conducted the comparison to the Chinese and foreign project immigrants legislation, analyzed the difference,and proposed three enlightenment for project immigrants legislation in our country.Chapter 5:The envisaging of the basic content of the project immigrants law: The author proposed the legislative concept to protect the rights and interests of immigrants.And I put forward that project immigrants act should adhere the principles of development-oriented resettlement,fair and reasonable compensation,the balance between the interests of all parties,and restricted the authority of government.The structure of the law should be enacted on the basis of fair and reasonable compensation,social security of immigrants,immigrants to participate in,the latter support liability institution.Finally,this article drew up Project Immigrants Act(scholar suggest draft), which,the author hopes,will provide the beneficial reference to the project immigrants legislation.