Legal Study On The Refugee Reception And National Security Exception From The Perspective Of International Law

The international refugee problem is not only one of the serious problems facing the international community,but also the countries of the world,including China.In recent years,the refugee problem has continued to deteriorate,and in 2016,the refugee crisis has frequently appeared in the public eye,affecting the hearts of the people of the world.What is the refugee problem,and what the international community will do to deal with this problem,it is not only the countries of origin and refugee receiving countries pay close attention to things,but also the entire international community is very concerned about.The issue of European refugees,like a mirror,not only reflects the worsening problem of refugees in the world today,but also reflects the inability of the international community to cope with the plight of international refugees.There are a number of reasons for this dilemma.On the one hand,the host country is tightening of asylum policy for concerned about the national security,natural resources and social resources,on the other hand,and the abuse of the international refugee protection system by the asylum seekers would not receive the entry of refugees.The International Refugee Protection Mechanism has made great achievements in the protection of refugee rights,but over time the protection of refugee rights has become increasingly unsatisfactory.Under the new situation,international protection of refugee rights is faced with difficulties in systems,practices and countries.The balance between the reception of refugees and the balance of national security has become a new point of view,and what is the right and duty of the State at the level of international law in the end.To clarify what the state must and should bear the obligations of international law,Analysis of the impact of refugee reception on the receiving country.Finally,the study of this paper is to return to China,China as a developing country must pay attention to the treatment of refugees.Therefore,this article will be separated in four chapters:Chapter I is an introduction on the emergence of refugees and the protection of international law,this part of the content of this paper is to pave the way,introduces the related background,the theoretical system and the difficulties faced by the current international refugee protection mechanism.The first section introduces the origin and development of refugees,mainly related to the origin of refugees and the evolution of international protection.The second section describes the international protection mechanism of refugees,first of all,on the basis of international law on the protection of refugees,including international treaties,international customary law and general principles of law in three aspects.Secondly,it elaborates the subject and object of refugee protection,and makes clear that the state must be able to undertake the obligations of international law in international law.The third section introduces the basic principles of refugee protection,related to the theme of the thesis deals with the principle of non-refoulement,temporary asylum principles will do a detailed analysis,the other principles are briefly introduced.Chapter II focuses on the theory and practice of the balance between refugee reception and national security from the perspective of comparative law.From the level of international treaties to the Treaty of regional integration,and then to the typical level of German domestic law,comparative analysis of different legal systems,different national practices,The first section defines the concept of national security at the level of international law on refugee protection,and analyzes national security exceptions clause,focusing on the exception of non-refoulement the expulsion of refugee rights,and Expulsion of foreign human rights.The second section focuses on the legal regulation of the European regional dimension of the outbreak of the refugee crisis.How does the EU reform to achieve a balance between human rights protection and EU interests when national interests conflict with refugee human rights protection? The third section is to demonstrate the relationship between refugees and national security from the changes and practice of German refugee law and policy,Chapter III deals specifically with the plight of refugees receiving and national security.The first section analyzes the positive and negative effects of the reception and acceptance of refugees.The second to the fourth section focuses on the conflict between the principle of refugee protection and the principle of national sovereignty.The conflict points to three specific issues,first of all,the refugees receive with religion,followed by refugees receiving and terrorism,and finally the massive influx of refugees with the protection of national security.Discuss the three difficulties in the reception of refugees in order to achieve a balance between maintaining national security and the protection of refugees.The fourth chapter is about the thoughts and suggestions on the reception of refugees and national security in china.The refugee problem is not far from China,and our country will face the conflict between the protection of human rights and the national interests in the near future.The first section reviews the practice of refugee protection in China,analyzes the existing problems in the practice of Chinese refugee protection.The second section discusses the plight and potential danger of China under the background of refugee crisis.For example,there is no special difficulty in civil law and international treaties,the lack of rights protection,refugee screening system is not perfect,are China's legal dilemma.The third section is the prospect of a refugee system in China.Based on China's national conditions,this paper discusses the legislative background,value selection and legislative model of the construction of the legal system of refugee protection in China.