International Refugee Problem And Related Legislation In China

International refugee problems are a major problem plaguing the world.The rapid expansion of terrorist forces,the intensification of regional conflicts,racial and religious problems have led to the emergence of refugee problems in recent years.When the international refugees flooded,how to manage the resettlement of refugees,how to protect the rights of refugees should be,the international community still need a feasible policy.The refugee problem is troubled by the world,the reasons are different.But one of the hardest and most overlooked is that there is a lot of problems in today's international refugee protection system,not just the narrow range of refugee definitions that are commonplace,but also the national responsibility for making refugees is difficult to pursue;as a refugee protection organization UNHCR's ability to protect itself is difficult to meet.To address these issues without being addressed,it will inevitably lead to the actual effect of international refugee protection is difficult to achieve.This paper attempts to analyze the current international refugee protection treaty and refugee protection system,to identify the deficiencies and propose corresponding solutions to improve the international refugee protection system and the establishment of the Chinese refugee protection system has been established Help.The article is divided into five parts to explore the legal protection of international refugee rights.In order to clarify the central content of this article,the first part of the article provides a simple overview of the refugee problem,mainly to define the concept of refugees,that is,the refugees referred to in this article are in strict accordance with the 1951 " The 1967 Protocol on the Status of Refugees and the definition of relevant international treaties,and introduced a course of development of the concept of refugees.In addition,this part also gives a brief introduction to the definition of refugee status,the causes of the refugee problem and its present situation,and provides some bedding for future discussions.The second part of the article further analyzes the specific rights that international refugees should enjoy,and gives a brief introduction to the right of entry,right of abode,free exercise,work,property and education.Followed by the legal basis for the protection of international refugee rights,namely,the legal documents of international human rights law,the special international conventions on refugee protection and the regional international conventions.The international legal aspects of human rights mainly refer to the four parts of the United Nations Constitution,the Universal Declaration of Human Rights,the International Covenant on Civil and Political Rights and the Convention on Economic,Social and Cultural Rights;the special international convention mainly refers to " The Convention on the Status of Refugees and the Refugee Protocol;the regional international conventions list the African Convention on Certain Aspects of Refugee Issues in Africa and the Cartagena Declaration of Latin America.The third part of the article is the focus of this article.This part first points out the shortcomings of the current international refugee protection system,which mainly includes four aspects.First,the international refugee definition is too narrow UNHCR based on humanitarian implementation of some of the rescue activities because of lack of legal basis,and can not get the support of sovereign countries.Second,there is a lack of specific procedural provisions for the existence of deficiencies in international refugee protection-related treaties and is not conducive to the effective protection of the fundamental rights of refugees.Thirdly,the limited impact of UNHCR makes it difficult for UNHCR to mobilize the strength of the international community to participate in the protection of refugees,which is detrimental to the smooth development of UNHCR and the permanent settlement of the world's refugee problem.Fourthly,the fundamental rights of international refugees are vulnerable.Afterwards,this part of the five aspects proposed to solve the above problems,including the expansion of the scope of refugee definition,the establishment of different categories of refugee protection mechanisms,the development of sound refugee protection procedures,the establishment of national refugee protection accountability mechanism,refugee protection into the international Human rights protection system.The fourth part of the article from the international community refugee protection system of reflection on China's existing refugee protection issues.Firstly,it introduces the general practice of refugee protection in our country,and enumerates the case of the Indo-Chinese refugees,the refugees in Myanmar,and the refugees seeking refuge in North Korea.And then gives a brief introduction to the current domestic legislation on refugee protection in China and discusses the protection of the right of abode,right of abode and free exercise of international refugees under the framework of international treaties.This part finally points out that there are three main problems in the practice of Chinese refugee protection,such as the existence of domestic special law is still in the blank state,the refugee identity screening system is flawed,and there is no clear standard of refugee treatment.The fifth part is mainly about the current problems of refugee protection in China put forward some countermeasures,including five aspects.The establishment of a special "refugee law" to provide effective basis for practical work,in line with the actual protection of international refugees seeking asylum in China;to develop the basic requirements of refugee identification standards,refugee definition is the main basis for identification of refugee and standards,the refugee law must be clear The establishment of a reasonable and effective refugee screening process,only to establish a clear and reasonable refugee screening procedures,refugee law in the provisions of the refugee standards and refugee treatment standards can be effectively observed and implemented;improve the standard of refugee treatment;strengthen international cooperation.