Research On The Identification Of Illegal Employment Of Foreigners And Right To Relief

The illegal employment of foreigners is the product of strict restrictions onimmigration employment policy largely, that is a social problem."Law of the People’sRepublic of China on control of the entry entry andexit of aliens " explicitly defines theillegal employment of foreigners in June30th,2012. But the illegal employment rightsrelief provisions are not complete. Since our country has become the "economic, socialand cultural rights" international convention signatory, to investigate the illegalemployment of foreigners and illegal employment rights from the perspective ofinternational human rights law.After the international legal documents on the illegal employment of foreigners wassummarized, summed up the right relief scope and basis of the illegal employment offoreigners. At the same time, the content and the legal regulations of other countries,relief to the illegal employment of foreigners when rights legislation present situationanalysis, summary, and our country in this aspect of the unsolved problems, and finallyput forward a perfect suggestion. This paper was divided into five parts to discuss theproblem of employment of foreigners and illegal employment rights:The first part is about the meaning of the illegal employment of foreigners. Analysisof the specific meaning of illegal employment of foreigners.The second part is from a human rights perspective, discusses the illegalemployment of foreigners the right relief scope and the illegal employment of legal relieffoundation. The rights of the relief scope include the right to life, equality, employment, afair trial and human dignity. Based on international treaties and domestic law, the paperexpounds violates the basic human rights requires relevant remedies.The third part is the main provisions of the representative countries about thecognizance of the illegal employment of foreigners. Analyze the law of Japan andCanada for the recognition of illegal employment mainly.The fourth part is about the illegal employment of foreigner right when the mainprovisions of the relief. In determining the basic remedy enjoy rights, analyzed the usualpattern of right remedy, the right remedy includes at least three aspect conclusions oflegislation, judicial, administrative. Then analyze the main provisions concerning the illegal employment of foreigners, right relief provisions and the relevant nationaldomestic law in the EU, a detailed analysis of the Japanese "Prohibition of adversetreatment principle", France and Canada in the voluntary return of the subsidy policy togive illegal employment of foreigners punishment and pay great attention to the illegalemployment rights.The last part is about "the people’s Republic of China Law on exit and entrymanagement "in June30th2012. Analyzed the recognition and rights of the illegalemployment of foreigners in China relief measures, by comparing with the domestic lawand international treaties and other countries, summarizes the unsolved problems of ourcounty in the illegal employment of foreigners on the issue, Finally on the basis of law ofJapan, Canada on the advanced experience, puts forward some perfect suggestions.