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On The Improvement Of Legal Framework Regarding Overseas Chinese In The Context Of Changing Situation

Posted on:2020-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:F LongFull Text:PDF
GTID:2416330602959560Subject:Law
Abstract/Summary:PDF Full Text Request
The legal system concerning overseas Chinese in our country refers to an organic whole formed by classifying and combining all the existing legal norms concerning the protection of the rights and interests of overseas Chinese,returned overseas Chinese and their family members into different legal departments.Since the reform and opening up,the Party and the state have continuously promoted the legislation on the protection of the rights and interests of overseas Chinese and their families.With the promulgation of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese and the Measures for the Implementation of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese Families,the work of overseas Chinese affairs has stepped onto the legal track.With the formation of the socialist legal system with Chinese characteristics,a socialist legal system involving overseas Chinese with Chinese characteristics,with the core goal of protecting the legitimate and lawful rights and interests of overseas Chinese,returned overseas Chinese and the family members of overseas Chinese,has also become an embryonic form.Any legal system is not an isolated,closed and static system,and China's overseas Chinese legal system is no exception.From the point of view of the systematization requirement of the legislation related to overseas Chinese in our country,it is necessary to coordinate the structure and function of the legal system related to overseas Chinese,the relationship between the whole and the part,especially the relationship between the stability and variability of the legal system.However,In recent years,with the enhancement of China's economic strength and international influence,the development of economic globalization,science and technology,and the development of overseas Chinese society,there have been many rapid,profound and essential changes in the situation of overseas Chinese at home and abroad.The dramatic changes in the situation of overseas Chinese at home and abroad have brought new challenges to the law of overseas Chinese in China.In the context of the current changes in the situation of overseas Chinese,the existing legal system concerning overseas Chinese highlights many prominent problems,such as the lag of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese Families,the absence of unified legislation on the protection of the rights and interests of overseas Chinese,the lack of cohesion between the relevant laws of overseas Chinese-related departments,and the "internal conflicts" highlighted by the current legal norms concerning overseas Chinese,etc.With the acceleration of the process of social legalization,The legalization of overseas Chinese affairs can no longer meet the actual needs of the protection of the rights and interests of the returned overseas Chinese family members.All these have put forward new requirements for the perfection and development of China's overseas Chinese legal system.At present,We must promote the timely amendment of the Law on the Protection of the Rights and Interests of Returned Overseas Chinese Families.Among them,the principles of the Law on Overseas Chinese need to continue to be upheld,the legal responsibilities of the subjects of overseas Chinese affairs need to be clarified,the new situation of overseas Chinese affairs needs to be supplemented in time under the new situation,and some expressions of administrative and contemporary characteristics should be amended or deleted.Considering that the content of the protection of the rights and interests of overseas Chinese in China is scattered Overseas Chinese have a wide range of domestic rights and interests in laws and administrative regulations such as the Law on Protection of the Rights and Interests of Families,the Law on Nationality,the Law on Exit and Entry Administration,the Law on Adoption,the Law on Donation of Public Welfare Enterprises,etc.They should follow the principle of gradual and easy-to-do,and gradually promote the legislative process of the Law on Protection of the Rights and Interests of Overseas Chinese.We must also take a series of practical measures to safeguard the legitimate rights and interests of the returned overseas Chinese and their families.Among them,it is necessary to further explore and improve the protection of the rights and interests of the returned overseas Chinese and their families and judicial relief mechanism.In particular,we should take good care of disputes involving overseas Chinese and treat them equally so as to safeguard the rights and interests of overseas Chinese and their relatives on the premise of fairness and justice.Through these measures,we will continue to promote the improvement and development of the Socialist Overseas Chinese Legal System with Chinese Characteristics in the New Era.
Keywords/Search Tags:Changes in the situation of overseas Chinese, Protection of the rights and interests of overseas Chinese and returned overseas Chinese and the family members of overseas Chinese
PDF Full Text Request
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