Research On Matters Of Dual Nationality Of China

Nationality represents a fixed connection between the citizens and their country.And the nationality law regulates the creation,change and the like of those connections.Different country has different nationality law,which result in the phenomenon that a person holds two nationalities at the same time.We call it dual nationality.Our nationality law does not admit the phenomenon of dual nationality.However,the phenomenon such as overseas children and transnational marriage and adoption has become more and more common,which lead more people to get a new nationality.But at the same time,some people do not cancel their Chinese nationality,which results in the dual nationality in China.The Qing Nationality Ordinance was promulgated in 1909.This ordinance endorses the dual nationality.There are two nationality during the period of the republic of China.Both of each endorse the phenomenon of dual nationality in China.After the founding of People's Republic of China,our country changed her attitude towards dual nationality.The People's Republic of China promulgated the new nationality law in 1980.The United States has adopted a default attitude toward dual citizenship,while Germany and most European countries admit dual nationality.Japan still adheres to the single nationality system,while India adopts the dual nationality under certain conditions.As more and more countries begin to accept dual nationality,some Chinese jurists believe that our country should also recognize dual nationality.They think the theme of modern society are the peace and development.And the dual nationality lead to lower risk of national conflict.To admit dual nationality can not only protect the overseas Chinese better,but also enhance national cohesion.Moreover,it is good at attracting foreign capital.They believe that with the dual nationality,we can promote the economic development of China.Opponents argue that there are more than half of the country does not recognize dual nationality.Nationality means loyal to country,and this kind of loyalty should be unique.To admit dual nationality in our country cannot protect overseas Chinese,however,it may bring many problems such as conflict of diplomatic protection,tax,serve in the army,etc..And admit dual nationality is not the precondition of attract foreign capital.The author believes that dual nationality is not suitable for China at the present stage.People's attitude of dual nationality cannot be changed in a minute.And we will pay a heavy price of dual nationality.Furthermore,it will bring about many problems such as entry and exit control,diplomatic protection,judicial jurisdiction and extradition.Therefore,the Chinese nationality law should be improved to enhance its operability.And at the same time,we must eliminate the fact of dual nationality in China.On the basis of clear principle of single nationality,we should take the following steps.First,we should strengthen the concept of nationality education to encourage individual declare their dual nationality by themselves.Second,we must establish a unified information platform to strengthen the means of discovery of the dual nationality.Third,we need increase the intensity of the removal of the dual nationality.Finally,we should avoid to produce dual nationality again.