Research On Overseas Chinese Citizens’ Consular Protection System

Since the birth of the concept of national, protecting their citizens has become the focus of governments and scholars, with the development of economy and the ocean ability enhancement.States extend protection to outside nationals and international law also made corresponding changes, consular protection become a right recognized by international law.Vienna convention on consular relations came into force in 1967, with numerous bilateral treaty, countries to form a complete set of domestic law have issued, consular protection system become more perfect. Since 1998, the international court accept and hear the first consular protection case, at present it has four related cases, focused on consular notification rights, on the one hand,it reflects the consular protection system in the field of international law is increasingly mature, on the other hand, we can also see that he relevant provisions are not clear. In China, due to the historical reasons, consular protection is not a long time, but along with the enhancement of the comprehensive national strength, promote citizens abroad policy releasing,at the same time, along with the turmoil in the world in recent years, frequent religious conflicts and terrorism, the threat to China’s overseas citizens of events on a global scale outbreak,which brought challenge to China’s consular protection, also makes the consular protection work experience accumulated quickly. Under the new international situation, study the implementation of overseas Chinese citizens Consular Protection System, the legal basis behind it, against all kinds of threats to respond to specific events and so have important theoretical and practical significance.The main body of this article is divided into four parts,the first part introduces the definition and components of consular protection, consular protection of existing definition and defining methods of contrast, analysis is made for the consular protection and similar concepts, analyses the composition of consular protection to one by one. The second part introduces the consular protection of the legal basis, the principle of international law, international treaties and bilateral treaties and domestic law in our country, such as content related to the consular protection has carried on the summary analysis. The third part about consular protection of overseas Chinese citizens has carried on the empirical analysis, from different types of consular protection events, contact foreign consular protection regulations, etc., mainly reveals the existing defects of consular protection practice. The last part, aiming at the defects of the ferrous in consular protection practice put forward the corresponding perfect system, mainly from the mechanism; the Universal legislation and so on, put forward ways and suggestions to improve it.