Research On Consular Protection Legal System Of Chinese Overseas Citizens' Security

Accompanied by the implementation of the "One Belt and One Road" strategy of the Sunshine Initiative,the number of citizens and corporate legal persons going abroad is increasing rapidly.The occurrence of "Zhang Yingying's disappearance" prompted China to speed up the improvement of the consular protection system.In order to effectively protect the personal rights and property rights of overseas citizens in China,the author takes the protection of personal and personal assets of overseas Chinese citizens as the starting point to study the theory and practice of consular protection.Related issues,and to maintain the security of our overseas citizens as the core goal.The first chapter describes the general situation of the "Zhang Yingying disappearance case" and analyzes the case.This leads to the main body of the paper.The second chapter elaborates the legal system of consular protection in China.First clarify consular protection and other related concepts,theories and security issues.Defining the concept of consular protection,development history,and identification of consular protection and diplomatic protection.Secondly,it elaborates the security issues of Chinese overseas citizens,describes the types of incidents and the main ways for citizens to seek relief.Finally,we will describe the international conventions,treaties,and domestic legislation that have been signed by China regarding the consular protection system.At the international level of consular protection,China has signed the Vienna Convention on Consular Protection and 49 countries have signed bilateral treaties on consular protection.Consular protection at the domestic level of legislation,China has not yet consular protection of specific legislation documents,the Ministry of Foreign Affairs recently promulgated the "Consular Protection and Assistance of the People's Republic of China Regulations(Draft)"(Draft for Comment).The third chapter elaborates on the insufficiency of consular protection in our country.The physical aspects include:the number of consular protection bilateral treaties signed by China is insufficient,domestic legislation is still lagging behind,and there is a lack of uniform standards for diplomatic protection and consular protection functions as well as the implementation of consular protection by local governments.The procedural aspects include inflexible consular protection early warning mechanisms and lack of remedies for consular protection.Chapter IV proposes to improve the consular protection of our overseas citizens.Concerning the legislative aspects of consular protection,one must continue to promote the conclusion of bilateral treaties and increase the number of bilateral consular relations treaties.Second,we must improve the construction of the domestic legal system,speed up the improvement of the Regulations of the People's Republic of China on Conservative Protection and Assistance(Draft for Comment),and promulgate it.Consular protection in practice,we must improve the early warning mechanism.Second,we must improve the ways of conserving consular relief,discuss the nature of its suitability,and put forward suggestions for improvement.