The Research Of Chinese Citizens Exit Right’s Legal Issue

Legal issue of exit right includes two aspects: right restriction andright protection. Respecting and protecting citizens’ exit right has beenbasic legal principle within international community, but restricting exitis exceptional regulation adopt by many countries in the world, with thegoal of achieving national security interests, according to differentlegislation model, there are different favor in above mentioned twoaspects. Although Exit and Entry Administration Law which was comeinto force as of2013, integrated existing exit restriction institution, andestablished fundamental principal of protecting citizens’ legal rights ofexit and entry, as low legislation level, vague jurisdiction of lawenforcement authority, absence of legal safe-guard procedure related toinstitution of citizens’ exit rights, there are many problems in exitrestriction institution, which disable public power to run effectively andto fully protect citizens’ legal exit and entry rights. With related theory of exit and entry and working practice in exit and entry administration, thisarticle deeply analyzes our country’s exit and entry administrationinstitution, clarifies freedom attribution of exit and justiciability of exitrestriction, sorts out our country’s effort on protecting citizens’ exit rightand indicates problems and flaws on protecting citizens’ exit right, furthermore, with help of overseas legislation experience, raises suggestion forimprovement and finds solution on promoting legislation level of exitrestriction,differentiating law enforcement right boundary and improvinglegal redressing.