Research About Legal Protection On Rights And Interests Of Overseas Chinese

Overseas Chinese has always been an overseas resource in our country since the ancient times, and also the connections between China and other countries. Overseas Chinese have been contributing to the construction of new China, and economic prosperity. But extreme international situation changes in recent years, the rights and interests of some overseas Chinese are damaged, and the voice of protection of overseas Chinese is rising. But our country’s laws of protection to the overseas Chinese are not perfect. It is a weak pot. It mainly focuses on the protection of domestic overseas Chinese, and so the law in our country at present primary service is to establish a system of the laws of the rights and interests protection of overseas Chinese.As early as 2000 years ago, the Chinese people began to move towards the world in our country, then there are the overseas Chinese, so far, overseas Chinese are in all over the world, according to the statistics, overseas Chinese are in more than 100 districts in all over the world. They are abroad as a special group, they are different from the habits. They have different living habits because overseas Chinese live mainly in foreign countries, legislation only rely on the domestic laws can’t have good protection effect. It needs to combine with the international laws, but at present our country law doesn’t fit with the international laws, the international situation is complex, some countries have ethnic conflict, terrorism, different social conditions, such as economic depression. Some countries have more imperfect laws, some institutions seriously short, or related institutional capacity is weak, which has not protective effect. The imperfection of law and the complexity of the international society are two big problems for the protection of overseas Chinese since the ancient times.At present, the international has attached great importance to the protection of overseas Chinese, and promulgated some treaty. China should actively relates the international in together, and become the contracting state actively, and use a variety of international institutions for protection of overseas Chinese, such as human rights affairs councils, the human rights committee, etc. In addition, China should also pay attention to some of the power of the consulate, and consulate officials must fulfill its responsibilities, completes the work mission. Consulates generally set up at the local; which have more timely protection ability, in a word, Consulates should carry out the work for the protection of overseas Chinese rights and interests. In China, it is necessary to further improve the blank of our country law in this respect. Times are different, and foreign countries also have different national conditions, each stage will bring the new questions of rights and interests of overseas Chinese, and so we need to perfect the law at any time. Some of the problems faced in the road of the legislation, not go beyond the existing international laws, and maintain national equality. To properly handle a series of problems, in view of the overseas Chinese in different national conditions, facing different infringement of rights and interests and developed legal system effectively.