Study On Administrative Compulsory Measures And Relief System For Entry And Exit Of Aliens

In today's world,China has become more and more close to each other and international countries.China's laws are also in line with the world to meet the needs of globalization.In the process of globalization,there is an inevitable contradiction between the protection of international public rights and the principle of state sovereignty,and this contradiction is most evident in the law of entry and exit administration.The law of entry and exit administration requires both the legal basis for the protection of the rights of foreigners through the design of the system,and the need for full consideration of the state's sovereignty,security and stability in border management.This contradiction is reflected in the current "immigration law" on Administrative Enforcement Relief to the entry and exit of aliens on the provisions of article sixty-fourth of "foreigners in accordance with the provisions of the implementation of further interrogation,detention and deportation measures limit the scope of activities,not satisfied,you can apply for administrative reconsideration the administrative reconsideration decision is final.If other overseas personnel are not satisfied with the measures for deportation in accordance with the provisions of this law,if they apply for administrative reconsideration,the provisions of the preceding paragraph shall apply." On the basis of "immigration law" provisions of the detention,interrogation and continue to limit the scope of activities,cannot be sent exit measures and other compulsory measures of administrative litigation,the administrative relief way for the final,so it is not complete to protect the administrative relative person,should be the final in the national judicial democracy and the rule of law,but here because the need to protect national sovereignty,so the administrative enforcement in accordance with the law cannot enter the judicial process of protection.In this paper is mainly divided into three parts,the first part discusses the entry-exit administrative coercive measures outlined on the entry and exit of compulsory basic knowledge are discussed,including access to the basic principles of administrative compulsory exit,and part of the national immigration enforcement relief system and its comparative analysis;in the second part,mainly to our country the legal immigration enforcement and relief system are discussed,and points out the shortcomings of administrative remedy;finally in the third part puts forward corresponding improvement suggestions.