A Study On The EU Refugee Law Under The New Wave Of Refugees

With the escalation of the conflict in West Asia and North Africa,the refugee issue has become one of the hot issues in the international community.The regional conflict leads to a large number of refugees,to seek international protection as their only choice for the large numbers of refugees,regardless of the geographical location,or benefits,the EU has become their first choice.Faced with such a large number of refugees,the EU is under tremendous pressure,but also exposed many problems,especially in the legal aspects of the shortage and lack of refugees is undoubtedly exposed.Although the EU in the field of refugees has formulated many conventions and instructions,but in response to the sudden,large scale,wide source wave of refugees,or show the weakness,appears to be taken by surprise even once led some members,produced a suspect in Europe tendency.The EU refugee law,it should be said that has built up the basic framework of refugee law,from the basic conventions and specific instructions,external third protocol and the European court case and many other forms constitute the EU refugee law system.But in the refugee crisis,the EU refugee law also exposed the inadequacies.In the first part,the article introduces the basic situation of EU refugee law.In the second part points out the legal problems in practice,including the definition of refugee in the new situation is too narrow,the actual responsibility is difficult to balance,the temporary protection of refugees is difficult to implement,and family reunion right in the moment is still reasonable.In the third chapter,aiming at the problems mentioned above,some suggestions are given in the paper,including establishing the new definition of refugee refugee status and related factors,cancel the related issues,to reconsider the family reunion in the current right of rationality,and set up special channels for refugees scattered resettlement measures such as the flow of refugees.The fourth part is the practical significance and innovation of this article,after analyzing the basic situation and the shortage of EU refugee law,the author puts forward some suggestions on the development of refugee law in china.China is currently in the field of refugees law almost in a blank state,the specific legal provisions are scanty,lead to the lack of legal basis for international protection to provide specific protection and treatment standards,China's implementation of the lack of legal guidance.And then put forward the development ofChina's basic key to civil law lies in: to determine the definition of refugee,reasonable formulate specific screening criteria,refine the Refugee Rights and obligations,and cancel the qualification of refugees from refugee into several parts,the whole process should leave,all in the scope of the law,and not just rely on administrative command.The problem of refugees is not a recurring problem,in fact,it has the characteristics of sudden,large-scale,urgent,and so on,if the problem is to develop relevant laws and regulations is undoubtedly self deception.Although China's current overall peace of the surrounding environment,but also can not rule out the possible flow of refugees,the North Korean nuclear issue has not been resolved,the South China Sea issue has been suspended and unsuccessful,the sharp decline in the economy of individual neighbors,etc...A variety of new situations in the generation of new refugees,but also led to a new type of refugees,for these new problems,this paper also discussed,hoping to provide a small contribution to the development of China's refugee law.