On The Legal Issues Of Illegal Employment Of Foreigners In China

Illegal employment of foreigners in China which is developed to be a hot potato for foreigners administration, is one of the major problems of illegal foreigners, and the others are: Illegal immigration and Outstaying. However, the Police met with difficulties in clues discovering, evidence collection, cases defining, and administration that the issue of employment of foreigners in China has become a bottleneck in entry-exit administration. This problem not harms the internal job market but threats the national security and public security.After combing the context of China’s Exit-Entry law, we find that punishment afterwards the illegal act is the only way to combating such cases. Law of the People’s Republic of China on the Control of the Exit and Entry of Citizens was passed by the twenty-seventh meeting of the Standing Committee of the Eleventh National People’s Congress on June30;2012.This law expressly provides the specific situations of illegal employment of foreigners, it also strengthens the punishment on illegal-employed foreigners and those responsible for the illegal employment. This law will largely support the investigation and dealing with illegal employment by the Police. However, in practice, prevention, discovery, evidence collection and administration on illegal employment of foreigners are becoming to be the difficulties in administration of employment of foreigners in China.From this point on that, the author in the analysis of existing laws and regulations, management system based on the status quo of, and comparing with those of USA, EU, Russia and Australia, put forward to perfect administration on employment of foreigners in China in order an efficient control, we should learn the advanced experiences from other countries, but integrate existing laws and regulations, general and specific policies on administration of employment of foreigners in China. Finally, promulgating a more comprehensive law, that is Law on Administration of Employment of Foreigners in China, in order to establish and improve the working mechanisms on administration of employment of foreigners, but also meet the international development and enrich the socialist legal system.