On Immigration Rights System

Immigration laws in developed countries, especially in the traditional immigration countries have a complex and sophisticated system. In immigration law the right to entry and exit is a very important basic theory, long-term concern is the theory of domestic and foreign academic problem, also the context of our relationship to globalization and international expertise and economic and social sustainable development, the introduction of important practical problems . After China joins in the World Trade Organization, the right to entry and exit are placed in a more important position, if not effectively strengthen the protection of immigration rights, to take more effective management model will affect the development of China's socialist market economy and further opening to the world, and China's international image. Fortunately, our scholars have recognized the importance of the right entry and exit. This article attempts to present situation and problems of Chinese immigration and border management system to study the functioning of, the existence of deficiencies and make recommendations accordingly, look right through the paper to examine the immigration and border management system to provide a more macro perspective, turn right for the Immigration and immigration management system, the development of theory and practice of reference.In the research method, this paper immigration rights in international human rights law as a reference, discusses the right of Chinese immigration to determine the consistency and the gap between where the further right to respect and protect the immigration proposals. Through access to a large number of documents and statistical data on immigration rights in China were compared to a clear course of development of vertical and horizontal gaps where more clearly, in this based on the recommendations for legal and policy adjustments. This includes four main parts: the first part of the main entry and exit system to define and comment, and discussed from the perspective of international law, the basis of immigration rights and our immigration system in history, and clearly the right standard of Chinese immigration. The second part is an immigration system in our present situation and issues. Including our immigration laws and regulations related to Assessment, the operation of our immigration system status and problems. The third part is to analyze the United States and Taiwan, China power system of immigration and through representative national and regional immigration rights theory and practice of horizontal comparison, for my country, we can study and learn from practical experience and lessons learned. Improvement of the fourth part of the right types of immigration proposals related systems, including include: to promote the entry into the constitution the right to formulate a unified basic immigration law, the right to relief measures to improve the immigration and improve border management system.The basic conclusions of this study have the following three points: First, by using legal means rather than administrative means to protect citizens and not limit the right of immigration rights is the inevitable development of immigration. Second, our current immigration law has not fully respect and protect the interests of those who travel, need to develop a unified basic legal immigration (immigration laws). Third, respect and protect the right to require a unified and flexible entry and exit of the administrative system. This innovation is mainly reflected in two aspects: first, mainly from immigration law and international human rights law perspective, rather than the traditional point of view of administrative law the right to discuss immigration. The second is to the right of immigration to China, not only theoretical, but also paid attention to the possibility. Through the theory elaborated that the provision of law analysis and crosswise compares other countries and the area leaves the right to land system's organic synthesis, makes every effort to be more comprehensive, to reflect accurately our country entering/leaving country power the present situation and lays the foundation for the reform.