Topic:on The Transformation Of The "Exit And Entry Administration Law Of The People’s Republic Of China" To A Migration Law

The "Exit and Entry Administration Law of the People’s Republic of China" Adopted on June30,2012and came into force as of July1,2013. The "Law of the People’s Republic of China on the Entry and Exit Administration of Foreigners" and the "Law of the People’s Republic of China on the Entry and Exit Administration of Chinese Citizens" were annulled simultaneously. The introduction of the new law conforms to the new trend of the development of international migration and provides convenience for immigrants to integrate into our social life. The biggest characteristic of the new law is that it changed the separate legislation mode which distinguished Chinese citizens, foreigners and transportation tools in the past and provides legal guarantee for China’s fair and unified immigration administration. The new law has made some progress in legislative technology and system design. But we should also see the new law is lack of innovation in terms of legislative ideas and legislative contents. And it’s almost a summary of the original laws and regulations. It also doesn’t have an overall planning and design for immigration and naturalization and other issues. We didn’t fully learn the advanced concepts and experience about exit and entry administration legislation from other countries to make a unified migration law. The legislative model tends to be conservative and lack of forward-looking, openness and progressiveness. The weaknesses of the new law will bring a series of problems and hinder China’s development and integration into the international trend. As an important law to protect the freedom of migration and basic human rights, the "Exit and Entry Administration Law of the People’s Republic of China" needs further reform.The article is divided into five sections. The first section is the preface. It focuses on introducing the works on this topic and research meaning and present study to make preparation for the later analysis.The second section is to introduce the current situation of the exit and entry administration legislation in China. It includes three parts:"evolution of the exit and entry administration legislation in China","Characteristics of the Exit and Entry Administration Law of the People’s Republic of China" and "weaknesses of the Exit and Entry Administration Law of the People’s Republic of China in immigration administration". The evolution of China’s exit and entry administration legislation can be divided into four stages. Each stage shows different characteristics of the times.The new law conforms to the new trend of the development of immigration and meets the new requirements of immigration management in China. It also provides legislative protection for better integration of immigrants into our social life. And it is also a big improvement to change the decentralized legislation into the uniform legislation. But the new law still exists many problems in immigration administration.The third section is to introduce the advanced concepts and experience of exit and entry administration legislation in foreign countries, for example America, Canada, Australia, Britain, South Korea, Japan and so on. We should realize that we should implement a centralized, unified and line management system at a macro-level and protect human rights of migrants well at a micro-level.The forth section is to analyze the reasons that we should transform the "Exit and Entry Administration Law of the People’s Republic of China" to a migration law. This part shows that the migration law has distinct advantages. And although China hasn’t adopted an immigration law, it has a feasibility for China to practice a migration law.The fifth section offers relevant advice on how to transform the "Exit and Entry Administration Law of the People’s Republic of China" to a migration law. Firstly, under the background of the new legislation we need to reform gradually. Secondly, we should learn from foreign legislation experience to perfect our legislation and protect the immigrant rights. Thirdly, we need to change the ideas of immigration administration from ’official standard’ to ’people standard’ and value immigration service. Lastly, we should unify the exit/entry border inspection system and establish a unified immigration department.