The Complement Of Protection Of Procedural Rights Of Overseas Chinese

Our country is comprehensively promoting the protection of the rights and interests of overseas Chinese.Province with a great population of oversea Chinese such as Fujian and Guangdong have issued the regulations on the protection of the rights and interests of overseas Chinese,in order to promote the protection work from the theoretical level.But the present situation of the overseas Chinese rights infringement are still common.Government try to use state laws and administrative combination way to explore a set of method to solve the problems.But due to the relatively complex laws and regulations policy, and sometimes the historical reasons,the protection standard of different level government is not unified.The effect is also not significant. The feelings of love of hometown let overseas Chinese always concerned about the growth and development of the motherland. They will participate in the construction and the charity programme.When they meet all kinds of economic disputes and litigation difficulties,they still hopes motherland may protect their rights.In order to help the government and judicial organs to maintain and improve the ways and methods to protect procedural rights of overseas Chinese,this paper try to analyze the protection system of Chinese legal rights through the status and characteristics of induction based on Chinese history and the definition and procedure described as a starting point.Through inducing overseas Chinese current situation and characteristics of litigation rights, coupled with the latest provisions issued by the local regulations and typical case analysis as a way to point out the loopholes and deficiencies of overseas litigation rights protection system.Through investigating of the violation appeared in overseas rights,analyzing different angles of that and the comparison of legal principles at home and abroad, combining with the judicial practical cases, to forecast the development direction of overseas Chinese rights protection system;also putting forward the protection mechanism of overseas Chinese litigation rights in civil,criminal and administrative procedure law that finally in order to realizes the complement of overseas Chinese litigation rights comprehensive protection in aspects of prosecution,execution,debate and entrustment.