| Diplomatic protection is a traditional and complex legal system on internationallaw. As an important means of protecting the lawful rights and interests of nationalsand corporations overseas, every country around the world has paid special attentionto the construction and study of national diplomatic protection. With the developmentof economic globalization, the number of corporations and individuals going abroadhas been rising, since the reform and opening-up in China, meanwhile, the events ofChinese citizens and Chinese corporations infringed overseas have continued toincrease. Although China has taken various measures actively to safeguard the lawfulrights and interests of Chinese and Chinese corporations overseas and improved thediplomatic protection system gradually, we can see that there are still manyshortcomings during the process of study and implementation diplomatic protection;compared with the developed countries, there is a certain gap in the theoretical study,mechanism building, talents and capital investment, and related legislation in ourcountry. So, this thesis intends to point out the shortcomings in our diplomaticprotection through studying the concept, nature, implementation conditions, andinternational general practice of the diplomatic protection. Combined with the realityin our country, this thesis proposes beneficial suggestions for the further developmentof our diplomatic protection.This thesis is divided into four chapters, and adopts lots of methods, such ascomparative analysis, summarizing. It carries out a systematic analysis and researchon China’s diplomatic protection system.The first chapter is mainly about the basic overview of diplomatic protection,which summed up the concepts of this system through analysis a variety ofinternational definitions. Then, the thesis expounds the nature of diplomaticprotection from the debate between national rights and individual rights. After that, itanalyzes the principle of diplomatic protection which include continuity of nationality,actual damage and local remedies have been exhausted, and makes a comparativeresearch on consular protection. The second chapter is an exposition of history and current situation of China’sdiplomatic protection so as to perceive the tortuous development of this system inChina starting from scratch, and negative response to active implementation. Then,we can see our positive attitude on diplomatic protection through the overview aboutour regulations of nationality and foreigner’s treatment. Furthermore, it clarifies thatthe strengthening of researching on this system has a great significance tosafeguarding the lawful rights and interests of our citizens and corporations and alsohas a great significance to practice governing philosophy of "people oriented""diplomacy for people" and achieve the harmonious world.The third chapter analyzes the inadequacies of our diplomatic protection as wellas the main reasons for this situation. The first three sections mainly analyze theinadequacies of our diplomatic protection at present, respectively from three aspects:systematic research, legal protection and relevant mechanism building. The forthsection is the exposition about the main reasons for this situation, which include theshortcomings of capital and talents, discordant of rights protection agency andweakness of consular protection, and aiming to point out an exact and right directionto our current diplomatic protection.In the forth chapter, this thesis combines the principle of peaceful approach tointernational disputes on international law, the general way of implementing thediplomatic protection, and China’s current conditions, and finally proposessuggestions and recommendations for diplomatic protection in China. Firstly, it is asimple analyzation about this system’s implementation procedure on international law.Then the general way are divided into: providing help, made representation andprotest, arbitration or lawsuit. So, in the last section i have proposed the followingsuggestions for our future diplomatic protection: strengthening the related legislation,perfecting the warning and emergency mechanism, increasing the systematicalresearch and investment, developing international cooperation actively and consularprotection to establish effective bilateral or multilateral protection mechanism,admitting double or plural nationality. |
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