The Applicable National Self-defense In Protecting The Emigrant Overseas

Whether at home or in the international legal system, the right to self-defense is afundamental right. In the international legal system, the state right of self-defense embodiedin the provisions of Article51of the "UN Charter", and that this is based on nationalimplementation of the right of self-defense, but also the legitimate reason of a country byforce behavior. A country has the right and obligation to protect its citizens or territory of anyother personnel from hostile attack. If this attack from certain people or groups within itsterritory, the country can be based on a program which by law, to take the necessaryprotective measures. If such an attack from a foreign country, or some groups from outsidethe territory of the defense of the country can be based on international law and the right toself-defense, to take the necessary defensive measures. However, when the nationals of acountry subject to a hostile attack or threat of attack in the territory of another country, andthat other countries are reluctant or unable to provide protection, the country may be groundsto use force in self-defense within the other country, to protect its nationals? If you can forceto protect areas of the emigrant in the extent to which belong to self-defense? Theoretical andpractical issues which are quite controversial. A series of problems in the country right ofself-defense force to protect emigrant studies applicable to clarify its implementationframework that helps distinguish right from wrong right and wrong, to support the legitimateself-defense, self-defense against it in the name of the unlawful use of force and militaryaggression.Specifically in our case, the peaceful development of our country’s long-term basicnational policy. With the reform and opening up and "going out" strategy to promote thedeepening of contact between China and the international community increasingly close andsuccessful integration into the international community, and actively promote the process ofglobalization. Especially after becoming the world’s second largest economy, our contact withthe world closer, more frequent personnel exchanges, the number of our citizens out of thecountry is also increasing. At the same time, threats and incidents due to various reasons ofnational conflicts, regional conflicts, terrorism and violent crime, such as damage caused by our nationals overseas security has occurred frequently, a huge number of our emigrant isfacing serious security risks. However, relying solely on diplomatic protection and consularprotection has been insufficient to protect their basic rights. Under such circumstances, theuse of armed forces to protect our emigrant it is very realistic and necessary. However, theuse of armed force to protect foreign nationals is a complex activity, involving many of theinternational political and legal issues. To this end, which we need in-depth analysis andresearch, in order to be able to provide a basis for our armed protection emigrant conduct.Based on the above background and the mind, the right of self-defense to start thisarticle by the State, in the "UN Charter" on page51, the habit of self-defense law, differentideas and theories based on international practice, in order to establish an effectiveself-defense to protect our concept of emigrant and maintain a harmonious world as adestination around the state the right to self-defense force to protect the emigrant in theapplication of analysis and research issues, and strive to provide a right of self-defense in theprotection of the national emigrant in the exercise of the theory and application of theframework. This paper is divided into four chapters altogether. Source The first chapterintroduces the topic and purpose of the study, research status and research methods andinnovative points. The second chapter is an overview of the national right of self-defense,introduces the concept of national self-defense rights, and analyzes the characteristics ofnational self-defense rights, the nature of the exercise to determine the conditions and thelegality of the exercise of the national right of self-defense. In particular, focuses on threeconditions to exercise the right of self-defense of the country, that an armed attack, necessityand proportionality. The third chapter is the use of force to protect nationals abroad. The mainconcept of the emigrant, including force protection, and force protection theory and practiceof emigrant and the scope of armed self-defense emigrant. The fourth chapter describes theuse of force to protect our country’s development and emigrant should pay attention to.Including the protection of the reality of our emigrant, China’s use of force to protectnationals basis, the necessity of force to protect nationals and the possibility of force toprotect the emigrant and the process should pay attention to. In the summary of the full textof the premise put forward suggestions to improve the following four points: to comply with the appropriate international law and relevant national laws, to do with the use of force toprotect the emigrant-related legislation to enhance capacity building of the militaryestablishment and the relevant departments jointly protected coordination mechanisms at theinternational level to further strengthen the army of peace, friendship and international image.Finally, the entire contents of a brief conclusion.