Study On Legal Issues Of Perfecting Nationality System In China

It is understood that overseas Chinese scattered around the world, the number of over forty million, accounting for more than two percent of the total number of migrants worldwide. Meanwhile, China has become the world’s largest exporter of students, only the2013year, the number of study abroad to more than400,000, but since the reform and opening up of the total number of students abroad has more than3million, in large numbers behind the number of students abroad, the number of returning from school no more than two percent. These students stranded outside, often mastered the sophisticated side of technology, for countries is a rare talent. These people in foreign countries, often already acquired foreign citizenship, but they account also remain in the country, and even some also handle second-generation identity cards.With the further development of the reform and opening up, a growing number of Chinese go abroad for the purpose of learning or marriage, and more and more people settle down in foreign countries or just stay there temporarily. Dual nationality occurs to an increasing number of Chinese people. Although the Nationality Law of the People’s Republic of China explicitly stipulated that China does not recognize dual nationality and related clauses in the Nationality Law elaborates elimination and prevention of Chinese citizens’ dual nationality, which plays a significant and positive role in a specific period. However, with the frequently international corporation and communication as well as environmental change both domestically and international, China is now facing a new problem since more and more people both in and out of China ask for the recognition of dual nationality. Meanwhile, the NPC and CPPCC delegate also raised objection to the nationality law which does not recognize dual nationality. China also faces the dual nationality problem in entry administration. Therefore, revising the current regulation for dual nationality is of great importance in judicial practice.Based on fundamental theory, this thesis elaborates in three parts as follows:First, set out an overview of the meaning of nationality regime from the basic concepts of nationality system, Second, by taking several typical countries which implement the dual nationality system as examples, the thesis studies and analyzes the characteristics of the dual nationality system development and also the relative experience from which our country can learn. The development of nationality system in our country is reviewed as well. Third, from the current situation of China nationality regime, this thesis leads to differences of nationality domestic institutional choice theorists generated, analyzed the pros and cons of different systems, focusing on the shortcomings of the current legal system in solving the problem of dual nationality. Finally, this thesis will put forward proposals in respect of the design of specific rules in order to perfect the nationality system in China.