Legitimacy Research On The Protection Of Overseas Chinese Rights And Interests

There is a clear provision of the protection for the interests and rights of overseas Chinese in the Constitution,as they are Chinese citizens.However,with various reasons,the interests and rights of overseas Chinese have not gotten enough attention in domestic and foreign countries for a long time.Except for Law of the People 's Republic of China on Protecting the Rights and Interests of Returned Overseas Chinese,there is a clear absence in the relevant legislation,especially in the national legislation level.And the protection mainly depends on the policy adjustments.In the current comprehensive promotion of the strategic—— Rule the Country according to Law,this paper responds to the legal requirements of the protection from the provision of the protection for the interests and rights of overseas Chinese.It attempts to clarify the meaning of overseas Chinese,the interests and rights of overseas Chinese,the protection for the interests and rights of overseas Chinese,the legitimacy and other related concepts.It also compares and analyzes the relevant concepts to distinguish the source of the concept and the scope of the different historical periods.Through the research in the relevant provisions of the Constitution and international law,this paper explores the legal rights of the protection of the interests and rights of overseas Chinese.It also sums up the historical legitimacy through the relevant protection provisions.This paper expounds the realistic legitimacy of the protection of overseas Chinese rights and interests by analyzing the actual problems.Comparing the provisions of the protection for interests and rights of overseas in Israel,India,Ireland and other countries,this paper studies the necessity,urgency and feasibility of the protection for the interests and rights of overseas Chinese in current international exchange trends.Through the above inductive,comparative and comprehensive study of the rights and interests of overseas Chinese,this paper discusses the legal value,the necessity and inevitability of the protection for the rights and interests of overseas Chinese.At last,it puts forward the opinions and suggestions on this protection,especially through legislation.