A Brief Study On The Amendment And Improvement Of The Nationality Legislation Of China

Nationality,which determines the population of a country,is therefore largely related to the state interest.As a result,every country in the world makes the nationality law of its own from the perspective of protecting the national sovereignty and state interest.That explains the huge differences between the nationality law of one country to another.Meanwhile,lacking the general rules to solve problems concerned with nationality leads to the prevalence of nationality conflicts and some other relative problems with the frequent communication between countries and their nationals.In the long history of the ancient times,the central government of China had spent little effort on the legislation of nationality law until 1909,when the Qing dynasty came to the last moment of its throne,the central government enacted The Nationality Regulations of China – the first nationality law in China's history.From then on,altogether three nationality laws came into being,but have all gone with the history at the moment of the establishment of People's Republic of China.The nationality law in force today,was enacted in 1980 on the basis of the experience and lessons learned in the process of solving the problem of dual nationality of overseas Chinese since 1949.The law stipulates the acquisition,loss and reacquisition of Chinese nationality and has made remarkable contributions to defending the national sovereignty and interest of China.However,it has been more than 30 years since the issue of the Nationality Law of 1980.Numerous changes have taken place during the period.With no amendment since coming out,the Nationality Law is unable to solve many new problems related to nationality today,which makes the improvement of it more and more urgent.This essay starts with the background and main principles of the Nationality Law of China,followed by the comparison between two international conventions concerning nationality,of which our country is one of the contracting parties and the Nationality Law of China,so as to find out the direction of the amendment and improvement of this law from the view of the public international law.Then,the author compares the nationality law of China and Japan in order to put forward some other advice on the amendment in the field of internal legislation.