Study On Nationality Acknowledgment And Permission Of Exit And Entry Within The Exit And Entry Administration

As a party's nationality status, the nationality conflict is embodied by one's exit and entry behavior with improper permission .In order to settle the nationality conflict problems, Exit and entry administration department needs to standardize one's exit and entry behavior according to law, in virtue of applying the nationality acknowledgment procedure legally and implementing the exit and entry permission lawfully. The paper focus on how to standardize permission of exit and entry for the sake of ensuring person's exit and entry behavior successfully.Nationality acknowledgment is the administrative procedure to distinguish,validate and recognize one's nationality status, according to the laws regarding the nationality's acquirement,forfeiture or change. Exit and entry administration refers to the government's control upon the citizen's exit and entry activity according to the law. Exit and entry permission means the consent on application for one's exit,entry,residence by the government after evaluating one's qualification. Nationality acknowledgement and exit and entry administration are closely interwoven together. They are always the two parts of the exit and entry behavior. Nationality acknowledgement acts as the examination procedure to look through the applicant's qualification, and also as to affirm the attribute of the exit and entry administration's object.This paper, starting with the nationality conflicts existing in the exit and entry practices, anatomises these problems by induction, in virtue of a great deal cases. The paper exposes the foundational reason for the nationality problems existing in the exit and entry practices, by analyzing the nationality acknowledgement and exit and entry administration. The first foundational reason consist of the absence or improperness of nationality acknowledgement function, namely the department which execute the exit and entry administration fail to implement nationality acknowledgement function or implement in an improper way. That results in the wrong permission for exit and entry. Subsequently, the relevant nationality problems take place. The second foundational reason consists of the improper permission as a result of the absence of administrative permission's examination procedure and administrative acknowledgement. Subsequently, the relevant nationality problems take place. And basing on this analyse,the writer bring forward the proposal from the point of view of the administrative law, to settle the nationality problems existing in the exit and entry practices. The paper provides the first proposal that the exit and entry administration department of the public security system should be designated as the only legal department for executing the nationality acknowledgement, together with the foreign affairs organization oversea as the assignee to deal with the nationality acknowledgement aboard. And the only legal department has the legal right to examine,change or withdraw the nationality acknowledgement job by the assignee. The second proposal is to perfect procedure of the administrative permission and the nationality acknowledgement, perfect the nationality acknowledgement as examination procedure for the administrative permission application, as administrative affirmance.