Foreigners In China Illegal Workers Legal Regulation Problem Research

Illegal employment of aliens in China is one of the so-called Three Illegal problems, and the others are: Illegal Entry and Illegal Residency. Reviewed this problem under the scope of International Law, which is combined with Illegal employment and Illegal hiring of foreign workers, is one profile of international migration problem. Whether in the United States or in the European Unions, illegal employment of immigrants in irregular status is the major pulling factor of illegal immigration.Illegal employment of aliens in China not only harms the internal job market but also threats the national security and social security. But now in the context of current legal system of China's Exit-Entry law, monetary punishment or the detention is the only way to combating such phenomenon. By the contrary, the United States promulgated a perfect legal system of immigration law, then it enacted special act targeting the illegal hiring of foreign workers, and the DHS perform as the only organ to managing US borders, naturalizing immigrant and combating the illegal hiring of foreign workers in the United States; the European Union was consolidated the migration policy and orders step by step, then proposed Sanction Directive targeting the employers who were hiring third country nationals who are in illegal status. The experience shows that solely control policy may bring new social problems especially affect basic human rights of illegal immigrants. From this point on that, China should promulgated a perfect Migration Law, then enact special act targeting the illegal employment of aliens. At the same time, the central government should transfer the authority on managing the employment of aliens to the Ministry of Social Security, which is now belong to the Ministry of Human resources and Social Security.International treaties provide equal protection for the illegal immigrants who are working in the accepted states. There are still gaps between current legal system on controlling illegal employment in China and so-called international human right standards, China should resolve such problem though combined legislative, administrative and judicial measures.