On The Legal Status Of Foreigners In The Exit-entry Administration

It is an irresistible trend that the globalization will inevitably bring about the internationalization of population flow. The first issue that internationalization of population flow will touch off is the freedom of citizen migration. The freedom of citizen migrating within a country's territory has been confirmed by the Constitution or the constitution documents of many countries in the world and the international human rights conventions. But the freedom of citizen's migration among the countries has not got sufficient protection whether in domestic law or in international law, and this situation has become an important factor which restricts internationalization of population flow.It belongs to the country's sovereignty problem that foreigners enter and exit one country. Every country must assess the influence caused by the law and policy relevant to foreigner's entry and exit on a country's sovereignty, security and interests when it is formulating them. It has become an important topic to every country's migration authorities how to prevent and blow illegal immigrants and cross-border terrorism effectively while protecting the foreigners' rights relevant to exit and entry, especially in the situation of the severe illegal immigrant and terrorism. Based on the development and change of situation, every country has revised and adjusted to the migration's law and policy frequently to perfect the system of foreigners' rights and obligations in relation to their exit and entry activities in recent years.As the number of foreigners' entering china is gradually increasing, they have made a deep influence on China's economic and social development in recent years. At the same time, the problem about foreigners' illegal entry, illegal employment, and illegal residence in china is getting severe. The present Law of the People's Republic of China on Control of the Entry and Exit of Aliens was formulated in 1985, and among them, many provisions have lag far behind need of situation development, so more perfect rights and obligations system of foreigners' activities in entry and exit is needed to control and serve their relevant activities.This article will analyze two principles that influence the legal status of aliens in migration management. One is about protecting alien migration right whose core is freedom of migration, and the other is about safeguarding national interests. This article will also introduce concrete rules for foreigners in migration management in international treaty and relevant country's migration law, and analyze systematically foreigners' rights and obligations during the course of their entry, residence and exit. Then, this article will describe our country's theory and practice about foreigners' legal status in migration management. By the way of the comparison study, this article will analyze the existing problems of foreigners' legal status in migration management and put forward the advice from basic theory research and concrete system design.