On The Legal Regulation Of Illegal Employment Of Foreigners In China

As a worldwide legal governance problem, illegal employment of foreigners has a lot of serious disadvantages. It disturbs the country’s exit-enter order, arouses a large number of foreign-related cases, and then impinges equal employment rights of our citizens, even endangers national security. In China, lacking of employment management of specialized legislation, lagging content of laws and regulations and conflict between different laws and regulations, which makes the exit-enter management department in the investigation of illegal employment process often encounter difficulties of law enforcement.For the above problems, this paper firstly introduces the basic theory of illegal employment of foreigners, the status quo, characteristics, and harmful results. And then it analyzes the current situation of existing legislation and problems of illegal employment of foreigners. Then it analyzes and learns from the successful experience of the US and Japanese regulatory illegal employment of foreigners. Lastly it attempts to propose the feasible legal suggestions for illegal employment of foreigners to improve the relevant legislation and strengthen the system of foreigners’ employment management legislation. So we have three parts of work to do for formulating a special Alien Employment Management Law, updating the lagging laws and regulations and resolving various conflicts of legal regulations.