On The Recognition Of Dual Nationality In China

In recent years, with the rapid development of globalization, multinational staff‘s frequent mobility, dual nationality once again attracts the public’s attention. And it also draws a heated discussion between overseas and domestic societies. Request from overseas Chinese to recognize dual nationality is getting hotter; NPC and CPPCC representatives also repeatedly put forward their opinions on dual nationality in the national “two sessions” and the common people also have their own independent thoughts and opinions on the release of dual nationality. Whether our country should recognize dual nationality, if yes, how we should construct the system of dual nationality, and ultimately adopts which mode to recognize dual nationality all have become the focuses under discussion. Based on the discussion of the basic theory on the construction of dual nationality, through the comparative analysis of the dual national system of other countries in the world, and combined with the current situation in our country, this author puts forward some suggestions and thinking on the recognition of dual nationality in China.This article mainly discusses the basic theories of nationality and dual nationality,and presents six parts to elaborate on them:The first part mainly outlines the basic concept of nationality and the generation,historical evolution, developmental trend of dual nationality. Nationality is the legal qualification of a person belonging to a nation, showing that a fixed legal relationship between a person with a specific country, which imposes a legal significance on both individuals and countries. Dual nationality is a phenomenon that a person has two countries’ citizenship, which is mainly due to the different nationality system of different countries. Since the late eighteenth century, various countries aimed at eliminating and restricting dual nationality. Upon entering the 20 th century, with the development of the idea of human rights, dual nationality began to be not that excludedand was admitted and allowed later.The second part mainly summarizes the historical development of our country’s nationality system, and explains the development of the current nationality system in our country. Since China’s first nationality law “the Qing Dynasty Nationality Ordinance” was promulgated, China has been using the jus sanguinis principle as the basic principle of the nationality law of the People’s Republic of China and admitted dual nationality. Not until the founding of new China, our nation changed the nationality system due to the Indonesian anti Chinese incidents.The third part selects some representative countries which recognize dual nationality, through the comparative analysis of the development and mode of dual nationality from different countries, in order to build up China’s dual nationality system.This part mainly introduces the dual nationality system of the United States, Germany,Australia, India and China’s Hong Kong and China’s Macao.The fourth part mainly analyzes the discussion and thinking on dual nationality from different circles, and initially summarizes the basic views on dual nationality of the community in our country. In political circles, dual nationality often appears in the national important meetings such as “two sessions”. In academic world, the vast majority of scholars are in favor of dual nationality. In civil circle, the majority of ordinary people are in favor of dual nationality.The fifth part analyses the necessity and feasibility of the recognition of dual nationality system in China. This part mainly analyzes the necessity of China’s opening dual nationality from the perspective of overseas Chinese, talent introduction, and international trend. In addition, this part analyzes the feasibility of China’s dual nationality from the international environment and the experience of Hong Kong and Macao.The sixth part reaches the conclusion that this article admits dual nationality, and puts forward some suggestions on the construction of dual nationality system and the mode of our country. Our country should open dual nationality, but take gradual steps to release dual nationality and adopt the mode of naturalization of bilateral agreements.