On The Perfection Of The Protection System Of Overseas Chinese Citizens' Rights And Interests

In recent years,the number of disputes over the rights of overseas citizens in China has increased sharply.However,compared with the more advanced overseas rights protection systems in western developed countries,there are still gaps in our country.In academic circles,there are also rare special works for this topic,and there are few constructive opinions on law and practice.Therefore,this paper uses this as a guideline to analyze the shortcomings of China's relevant systems from the theoretical and empirical perspectives,and put forward suggestions for improving measures.This article is divided into three parts:The first chapter systematically sorts out the theoretical basis and status quo of the protection of overseas Chinese citizens' rights and interests.By starting from the basic concepts of protected objects,content,and conditions,comparing with the more advanced legal theories in the academic circles,and then linking the relevant contents of international treaties with the relevant resolutions of international organizations,the legal basis of the overseas Chinese citizen protection system is analyzed from a legal point of view;The second chapter analyzes the path of protection of overseas Chinese citizens' rights and interests.First discuss the most representative Libya evacuation case recently,and then analyze the diplomatic protection and consular protection in detail from the four perspectives of concept,content,implementation conditions and legal basis,and then conduct comparative discussion.This chapter mainly uses the method of empirical analysis to weigh the pros and cons and tries to explore a comprehensive approach to the protection of overseas Chinese citizens.The third chapter firstly reflects on the existing system in China,and then analyzes the related systems of some countries with more advanced protection of overseas citizens.Comparing the situation in China,it takes the essence,and draws lessons from it.Finally,it discusses the specific measures from the legal,national,and personal levels.This article believes that the current legal system and institutional settings are too scattered to compare with the current number of many Chinese overseas citizens.It is timely to construct a citizen's rights and interests protection system that is unified externally,harmonized internally and independent.Although it cannot be achieved overnight,it should also be implemented step by step in order to adapt to the global environment.