On The Improvement Of Legal System For Forcing Foreigners To Leave

With the continuous improvement of economy and society,a large number of foreigners have entered China borders and stayed in China.Some outstanding foreigners have brought advanced knowledge about technology and management in China,for the development of economy and society.They have become a good friend of Chinese people and have created a warm story of Chinese-foreign cooperation.However,some foreigners are engaged in illegal entry and illegal or criminal activities.This situation has brought some challenges in national security and social governance of China.To solve these problems,it is necessary to improve the existing legal system for forcing foreigners to leave by the measures of forcing foreigners to leave.The first chapter is introduction,mainly introduces the research background and research significance.The research background is based on the large number of foreigners entering the country,which threatens the national security and influences social governance of China.In order to solve these problems,China government has taken a variety of legal and practical measures.However,these measures are not systematic and long-term,and do not meet the facts about foreigners entry and stay.To truly solve these problems,it is necessary to improve the existing legal system for forcing foreigners to leave.The significance of this thesis lies in improving the professional and international levels of entry and exit management,organizing the measures of forcing foreigners to leave in laws,filling in the blanks of legal research in this field and providing a reference path in reform of entry and exit management.The second chapter,third chapter,fourth chapter discuss the measures of forcing foreigners to leave in international practice,its related principles and the measures of forcing foreigners to leave in the current legal system of China.The measures of forcing foreigners to leave in international practice is repatriation and deportation:repatriation is mainly aimed at refugees,minor illegal entry and illegal stay,its purpose is to end the illegal state and its nature is administrative compulsion;deportation is mainly aimed at illegal and criminal activity,its nature is administrative and criminal punishment,by depriving a foreigner of his/her residence qualification to punish his/her behavior.There are four principles relating to forcing foreigners to leave in international law:the principles of prohibiting deportation of the native people,the principle of due process,the principle of prohibiting expulsion en masse and the principle of non-refoulement.There are four measures of forcing foreigners to leave in China:leaving the country within a time limit,repatriation,deportation under administrative law,and deportation under criminal law.The fifth chapter of this thesis discusses the problems from the four measures of forcing foreigners to leave.First,the application conditions for leaving the country within a time limit and repatriation are similar and unscientific.Second,there are different measures of forcing foreigners to leave in similar laws.Third,the relationship between deportation under administrative law and criminal law is hard to clarify.Fourth,lack of related remedy mechanisms for measures of forcing foreigners to leave.The sixth chapter is the key point of the whole thesis.This chapter discusses the improving principle and plan of legal system for forcing foreigners to leave,and analyzes the characteristics of the new legal system for forcing foreigners to leave.The improving principle has three points:first,relying on the existing legal provisions;second,showing the characteristics of system;third,referring to the international practice and the principles of international law.The improving plan can be divided into four steps:first,revising the existing measures of forcing foreigners to leave,merging leaving the country within a time limit and repatriation,deportation can undertake administrative and criminal punishment;second,establishing the duration of enforcement in deportation under administrative and criminal law,and clarifying the relationship between these two deportation;third,establishing remedy mechanisms for the measures of forcing foreigners to leave,and introducing the administrative reconsideration and the administrative litigation;fourth,setting principles of international law into the provisions of related law,these principles will play an important role in the review of administrative reconsideration and administrative litigation.The new legal system established by the means above,has three characteristics:clear measures,complete system and conforming to international practice.The seventh chapter is the conclusion.it summarizes the content of this thesis and looks forward to the future development of legal system for forcing foreigners to leave in China.