| Foreign experts is an important component part of international talent，protectionof this group of talent experts’ rights and interests will be one of the vital factors thataffect the process of internationalization of China’s talent.The article discusses the definition of foreign experts and the implication of foreignexperts’ rights and interests in its first section. Throughout the existing relevantadministrative regulations or legal norms, there are many different versions on thedefinition of ‘foreign experts’, and the noun of ‘foreign experts’ do not have a generallyaccepted definition so far. Meanwhile, the ’foreign experts’ is covering both thegeneral and special meaning; sometimes it also can be equivalent to the noun of ‘foreignprofessionals’,‘foreign workers’. For these ’foreign experts’ multiple definitions above,resulting in low public recognition of the ’foreign experts’ definition, and it’s hard todistinguish from related concepts. According to current international standards and rules ofconduct, the Chinese government should identify such foreign employees as ‘foreignexperts’: set up and based on the Guiding Catalogue of foreign nationality employeesworking in China, integrating evaluation system and labor market testing system first, onthat basis of evaluation of foreign employee which has achieved a certain score and meetthe Chinese labor market needs. The Rights and Interests of foreign experts should beconsistent with the rights and interests of foreign experts under the premise of legal norms.In China, the provisions of Article32of the Constitution are the highest law provisions onthe protection of the rights and interests of foreign experts in China. Although there areseveral legal conventions for protection of rights and interests of foreign experts can befound in some international conventions which China agreements, such as the"Convention on the International Covenant on Civil and Political Rights","InternationalCovenant on Economic, Social and Cultural Rights". However, these legal conventions areonly generalities and not just focus on the legal form of actual detailed provisions.Secondly, the author elaborate the topic of foreign experts’ rights and interestsprotection on the basis of current laws and regulations and emerging problems in China,analyze the cause of the problem and propose the means to solve these problems byreviewing of relevant academic articles, comparing and analyzing the relevant legislationin developed countries and according to the actual management experience of foreign experts from author’s own. The author believes China should first to develop a unified lawfor foreign experts working in China by reference to current international practice. Amongthem, the Chinese government should first organize the present and the currentfragmentation of the various foreign special treatments and merge them into acomprehensive unified national treatment which should avoid super-national treatmentconditions unless special circumstances or a special expert groups. The scope of nationaltreatment should be included in the area of the right to economic and social, educationaland cultural aspects, to the right of liberty and freedom of religion rather than includingpolitical rights. However, the political rights-the right to political participation in residencefor example, can be considered to give to the part of some special foreign experts such asthe one joined the Chinese permanent residency. In addition, after developing a unifiedlaw for foreign experts, the Chinese government should enact law through the Code foradministrative law enforcement departments to enforce the law, specifically to protectforeign experts working in China and to create a favorable legal environment to work andlive in China. For example, the development of "Measures for the Administration ofForeign Experts employment contract","Social Security Administration of ForeignExperts","overseas talent market management approach","foreign expert categorymanagement approach", etc. |
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