Research On Diplomatic Protection And China's Practice

The security of overseas Chinese citizens has become increasingly prominent and it is urgent to protect the legitimate rights and interests of overseas Chinese citizens.What diplomacy protection needs to solve is precisely how the country of nationality protects citizens or legal persons in foreign countries who have been infringed upon.However,as one of the important ways to protect overseas Chinese citizens,diplomatic protection is still one of the most controversial issues in international law.Diplomatic protection,through the intervention of the "public power" of the country of nationality,has raised the "private right" dispute between the nationals and the host country into a national dispute between the nationality and the host country.It is the result of the damage caused by the infringement of the host country's internationally wrongful act.Obtaining relief is an important right granted rights and interests of its nationals.The right of diplomatic protection is a manifestation of the country's personal jurisdiction.The development of the diplomatic protection system reflects the development of international human rights theory.The right of diplomatic protection is a national right,and the state should be restricted by three conditions when exercising the right of diplomatic protection.The fact that the people of the host country are infringed upon by the international delicts of the host country and cause damage;The country has exhausted all the remedies available to the host country and is still unable to provide reasonable relief to its detriment.In practice,diplomatic protection has continuously summed up an important set of theoretical foundations,including international human rights theory,the theory of state responsibility,dual jurisdiction theory,and harmed fiction theory.The implementation of diplomatic protection must be based on the principle of continuous nationality,the principle of actual damage and the exhaustion of local remedies.At the same time,the conditions for the implementation of diplomatic protection are inseparable from its theoretical basis.The international continuation principle in diplomatic protection is a requirement of the principle of jurisdiction of nationals and nationals.The principle of actual damage is an important prerequisite for the determination of state responsibility,and the principle of local remedies has been exhausted.It is the respect of the national sovereignty and territorial jurisdiction of the host country.The three conditions for the implementation of diplomatic protection are important safeguards against the abuse of diplomatic protection.Peaceful settlement of state disputes is a basic principle of international law.Diplomatic protection involves the intervention of "public power" of the State of nationality and raises the "private rights" dispute between the nationals and the host country as a national dispute between the State of nationality and the host country.The principle of a peaceful settlement of state disputes must be provided in a peaceful manner.The specific implementation of diplomatic protection has two types of diplomatic methods and judicial procedures.As a major power,China should improve its legal construction and system construction,and strengthen its ability to protect the interests of overseas nationals.