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On The Diplomatic Protection Of Overseas Chinese Citizens

Posted on:2018-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y J CuiFull Text:PDF
GTID:2336330512495451Subject:Law - Law Shuo
Abstract/Summary:PDF Full Text Request
Diplomatic protection plays an important role in protecting the rights and safety of overseas citizens.The number of overseas citizens has increased greatly and the probability of being infringed by international crimes has increased since the reform and opening up.This paper aims to improve the diplomatic protection system of our country to protect the rights and interests of our overseas citizens.Firstly,it analyzes the security incident data of overseas citizens in China in recent years,and finds out that the safety incidents of Chinese citizens abroad have the characteristics of rapid growth and high frequency.Secondly,this paper studies the diplomatic protection system.This paper discusses the principle of continuing nationality,the composition of state responsibility,the "exhaustion of local remedies",the resolution of nationality conflicts and how to determine the protection of refugees.Finally,this paper studies the current practice of diplomatic protection in China,including consular protection mechanism,emergency disposal mechanism,security early warning mechanism and the use of political methods to resolve disputes.However,China lacks the legal system and legal practice of diplomatic protection.Therefore,it is very important to establish the legal system of China's diplomatic protection and recognize the dual nationality in the way of "equal recognition".
Keywords/Search Tags:Diplomatic Protection, State Responsibility, Nationality, Exhaustion of Local Remedies, International Delinquency
PDF Full Text Request
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