In The Non-Traditional Security Background,the Research On Guarantee Of Overseas Chinese's Rights And Interests

Overseas Chinese because of its overseas relations characteristics,has become an important driving force which promote China's economic and cultural development and the reunification of the motherland.In the case of increasingly serious non-traditional security problems such as terrorist attacks and transnational smuggling crimes,the situation of overseas Chinese rights and interests has been harmed frequently.China's Constitution clearly stipulates that safeguard overseas Chinese's rightful rights and interests,but at present,there are many problems in the theoretical research,legal and practical aspects of the protection of overseas Chinese people's rights and interests,and it is difficult to meet their security needs.As the policy of the "One Belt And On Road " spread,the number of overseas Chinese groups is bound to grow rapidly,and how to protect their rights and interests becomes more and more important.This paper is based on these and research the current situation and problems of overseas Chinese people 's rights and interests protection,and make suggestions.The article is divided into four chapters.The first chapter summarizes the relevant concepts and theories.First discussed the concepts of overseas Chinese,Returned overseas Chinese and their relative,Foreign Chinese,Overseas Chinese citizens.Then expounded the content of the overseas Chinese rights and interests protection.The second chapter first introduces the concept of non-traditional security and analyzed the specific overseas non-traditional security threats faced by overseas Chinese.Then,mainly discusses the current situation that rights and interests of overseas Chinese security present situation in the background of non-traditional security,that is,the method of consular protection plays an important role,the diplomatic protection is less used and the protection of overseas Chinese become more difficult.The third chapter,from the three aspects of theory,legal system and practice,this chapter discusses the issue of the protection of overseas Chinese rights and interests problem.Firstly,the lack of theoretical research.Secondly,the protection legal basis is insufficient,Third,there are problems in the practice that the relevant departments are not in place.And mainly discusses the problems of legal level,including the the dispute of legislative model and the existing law is imperfect,the lake of domestic regulations,the consular and diplomatic are lack of legal issues,the International Covenant on Civil and Political Rights is not ratified.In the fourth chapter,we put forward some concrete suggestions on improving the protection of overseas Chinese.First,we should strengthen the research on the protection of overseas Chinese 's rights and interests.Second,we must improve the relevant domestic laws,under the general choice of the model of legislation,and to promote consular and diplomatic protection legislation work,accelerate the signing of bilateral agreements and so on.Third,we need to propaganda and educate people to promote their understanding of foreign laws,and strengthen the statistical work of overseas Chinese-related data,improve the protection of overseas Chinese rights and interests.