Comparative Study Between Chinese And Australian Migration Laws

Attracting foreign skilled immigrants is one of the methods for the implementation of the talents strategy of the counties, so legislation of foreign skilled immigrants is crucial to every country’s immigration law. As China’s comprehensive strength has been promoted, the amount of foreigner’s entry into China has witnessed rapid growth. Foreigners in China have brought advanced technology and management concept, however, which raised several social problems as well, such as the "three illegal issues" The established laws and legal system of China had obvious problems in legislative idea, macro structure, system design, and other aspects, which is an urgent need to improve.In order to attract technical personnel and administrate foreigner’s entry and exit effectively, China should build more attractive immigration laws, policies and systems by drawing lessons from Australian Immigration Law to have a place in the fight about the talents competition. In the first part, this paper reviews the developing history of Australian immigration law,and analyzes Immigration Restriction Act1901, Immigration Restriction Act1901and so on, which are the landmarks in Australian history. Part II introduces the Australian migration laws and legal systems, which combines Immigration quota system and points based migration. In the third part, based on Part II, this issue analyzes the defects in legal and institutional aspects of entry and exit administration, and implement scientific theoretic frame and systematically conduct a comprehensive analysis and theoretic innovation of entry-and-exit administration. Finally it draws a legislative outlook of the Chinese skilled migration law and the reform trend of the relevant legal system.The innovations in this thesis include:1. First to deeply research new Australian Immigration Law in China;2. Through comparative study, suggesting that China should establish the new Visa Categorizes as well as the Points Based Skilled Migration system in accordance with the national conditions;3. To put forward creatively a suggestion that our country should pay more attention to the protection of national security in reviewing technical immigration.