The Preliminary Conception Of The Application Of Dual Nationality In China

With the development of global economy,the communication among international parties have become more and more frequent,the single nationality system couldn't cope with the usual problem of dual nationality facing the common-getting immigration in the new era.The dual nationality system is gradually being accepted by all countries in the world.In addition to the changes of the international situation,domestic society has gradually taken a tolerant attitude towards the issue of dual nationality.The NCCPPCC members have also repeatedly proposed to revoke the non-recognition of dual citizenship during the period of NPC and NCCPPCC.It have become the focus of attention that whether China should recognize dual nationality and whether it already has the conditions for recognizing dual nationality an in what model should it use.After comparing the limitations and benefits between the system of single and dual nationality,this article analyzes the feasibility of China's conditional recognition of dual nationality and proposes some feasible measures for the construction of dual nationality system in China.This article is mainly divided into four chapters:The first chapter analyzes the limitations of the current implementation of a single nationality system in China,and combines with the current implementation of the Nationality Law in China respectively from five aspects.They are:the harm to the interests of the state and citizens,the damage to China's judicial sovereignty,the damage to the interests of immigrants,and the backwardness of the concept of nationality,and the obstacle that cannot be completely eliminated or prevented from being elaborated dual nationality.The second chapter combines the development trend of the international community and China's current national conditions,and compares and analyzes the benefits of our country's conditional recognition to dual nationality.It is mainly manifested in the following five aspects:attracting overseas talents,capital and management technology,diplomatic protection to the overseas Chinese,respect and protection to human rights,compliance with international development trends,and strengthening the orientation and sense of belonging of overseas Chinese.The third chapter analyzes the feasibility of China's conditional recognition of dual nationality.I analyze respectively from three perspectives,which includes the development of dual nationality,changes in the international situation and changes in the domestic situation.From those points I clarified that China's conditional recognition of dual nationality has somehow theoretical basis,development space,and social foundation.Based on the feasibility,the fourth chapter puts forward some feasible measures for the model selecting and system constructing in China's conditional recognition of dual citizenship.It is suggested that China can adopt the model of combination of reciprocal recognition and conditional recognition,then remove the mandatory provisions and adapt it to the current Nationality Law in China,finally build a system that can select nationality as wanted within a limited range,and establish a system of "Chinese ID cards for foreigners".