The Law Legal Basis Of China Citizen Evacuation

As a responsible major power, China has always guaranteed personal and property security for our citizens overseas. Evacuation of nationals, as a diplomatic act to protect the legal interest of our citizens, is the embodiment of our “soft power”. Evacuation movement takes place outside of our country and involves various aspects like diplomacy, consul and military and its implementation should be finished by coordination among country that requests for evacuation of nationals and host country and countries along the way. Therefore, the movement is related to many legal problems. The participation of armed force is one of evacuation methods, which means that military techniques need to be used to ensure the secure and well-organized proceeding of evacuation.Current international situation is stable in whole but some areas still have severe safety problems. In this situation, it is relatively sensitive that armed forces of other country enters host country to help the implementation of evacuation, so legal means are required to standardize how to legalize the application of military technique participation in evacuation movement. However,no concrete regulations related to evacuation movement have been established in domestic laws and it lacks relevant functioning legal evidence. Although there have been legal clauses that can provide reference for the movement, the absence of specific legal regulations suggests our system of evacuation has always lacked of legal protection; international laws and organization rules provide a basis of international laws for evacuation movement of our country and identify its scope and nature.In the paper, relevant literatures and related articles of law were reviewed and our national legislation and orientation and evidence of international laws were researched and analyzed.Besides, legality of evacuation and armed evacuation in our national legislation and functioning legislative regulation were explored and legal orientation related to evacuation in international legal basis was analyzed. On the basis of analysis on legal ground of our national laws and international laws, deficiency of legal basis of evacuation under existing legal system was summarized with relevant practical cases of evacuation in our country and suggestions were proposed to offer guidance for the improvement of legal basis for our evacuation.