Exploring The Basic Right Of Foreigners As Subject Qualification

With the development of globalization, the emergence of foreigners which the specialgroups make us rethink the distance between the citizens and foreigners this two differentidentities under the scope of a sovereign state. From the point of facing with the objectiveenvironment of globalization and protecting the foreigners’ rights, we think the foreignerswhich have the permanent residency almost similar with citizen, thus foreigners areentitled to the part of citizen’s rights. But there is a distinction between the foreigners andcitizen which is the foreigners have a permanent residency only have the local suffrage.Firstly, this thesis clarifies the relationship between fundamental rights, human rights andcitizenship form the point of concept. Secondly, it analyzes the theory of foreigners’fundamental rights as subject qualification in the theoretical circles, then, on this basis,elaborates foreigners should be entitled to basic right to the main qualification. Thirdly, itputs forward the difficulty of foreigners’ basic rights as subject qualification from threeaspects: re-understanding and reasonable classification, the local franchise, the separationof the will of the state and the type of the basic rights. In the end, it returns to theprovisions of foreigners’ fundamental rights in our constitution and provides the solution.