A Study On The Legal Nature Of Diplomatic Protection

Diplomatic protection system to authorize the government of a country in its ownnational damage because of the country’s violation of international law, and cannotobtain relief by normal means, to protect its citizens.The pioneer of international lawtheorists Vattel said:"anyone who damage citizen is directly offend against the state,the citizens of the monarch must be hurt for revenge, if possible, should be forced tooffenders comprehensive compensation or punishment, to its otherwise citizenscannot achieve the security, major objective" of civil society.Diplomatic protection aregenerally considered a national rights, countries became the only subject.Citizens shall have the right to claim the protection of the country to provideforeign?"Any artificial" is in line with the logic of law?Countries to decide whether toimplement, whether in the form of what rights should be limited?Countries shouldallow citizens to participate in the process of diplomatic protection?Whether citizensshall have the right to require the state to the property transfer payment ofcompensation?The enhanced role of personal national law, and the development ofinternational human rights law, whether citizens or is completely under thesovereignty?On this basis, to explore the practice of the major countries in the world,trying to clarify about the legal nature of diplomatic protection and the latestdevelopment of international law theory and national practice.In our country, the increasing exchanges with other countries in the world today,people-oriented diplomacy will become China’s important part of the independentpeaceful diplomatic route. Re-examine the legal nature of diplomatic protection, forthe Chinese government to deal with pressure from other countries for diplomaticprotection, protect the legitimate rights and interests of our country’s citizens abroad,has important practical significance.