Research On The Basic Constitutional Rights Of Chinese Citizens In Consular Protection Abroad

With the deepening of opening to the outside world,more and more citizens of our country "go out",at the same time,the risks our citizens suffer overseas are also increasing.In recent years,the Ministry of Foreign Affairs of China has handled an average of nearly 100,000 cases of consular protection and assistance each year,involving a large number of overseas citizens.The Party and the government are highly concerned about our overseas citizens,and are always concerned about the protection of our overseas citizens' rights.The report of the Eighteenth National Congress of the Communist Party of China pointed out that we should unswervingly safeguard the national interests and the legitimate rights and interests of our citizens and legal persons abroad.The protection of overseas citizens' rights is an important part of national protection of citizens' rights,but it is different from national protection of domestic citizens' rights.The protection of the rights of overseas citizens needs to be guaranteed by the authorities stationed in the country.Only under specific conditions,our consular protection agencies will provide necessary protection and assistance.Therefore,in order to improve the basic rights protection level of our overseas citizens,we should not only consider foreign factors,but also take appropriate measures to improve the protection level of our overseas citizens' rights inthe light of our constitution and laws.In this process,we need to grasp the relevant provisions of our Constitution and law on Consular Protection of overseas citizens' rights.Secondly,we should find out the general factors affecting the realization of citizens' basic rights abroad and the special restrictive factors affecting the realization of our citizens' basic rights abroad.Finally,we should take perfect measures to improve the level of consular protection of overseas citizens' rights in view of the shortcomings of our existing consular protection work.Our consular protection of the basic rights of overseas citizens is based on sufficient theory and constitutional law.The universality of human rights and the principle of personal jurisdiction of criminal law provide theoretical support for it.The international human rights law and the constitutional law of our country have close connection in stipulating the basic rights of citizens.Therefore,the provisions of constitutional law concerning the basic rights of overseas citizens should also be the legal basis for consular protection of their constitution.However,compared with domestic citizens' basic rights can be well guaranteed.When citizens go abroad,the degree of realization of their basic rights is different from that at home.It will be affected by geographical environment,economic development level,political law,comprehensive national strength and other factors.However,the realization of our citizens' basic rights abroad has its own special constraints,including the conflict of national social system,ideology and interests,the direct impact of national foreign policy,the inadequacy of cultural literacy of overseas citizens' rights and the weakening of overseas citizens' rights consciousness by the backward feudal elements of traditional Confucian culture.China's consular protection undertake the main work of protecting the rights of overseas citizens.At present,a consular protection mechanism has been basically formed,including a consular protection prevention mechanism and a consular protection emergency coordination mechanism.The existing consular protection mechanism plays a good role in the actual work,but there are also some difficulties,including the lack of special laws for consular protection,the lack of legal norms and guidance in the actual work of consular protection,the huge number of consularprotection cases and the great pressure of consular protection,which also reflects the insufficient investment in consular protection in China and the lack of attention to overseas citizenship rights.Promotion of protection consciousness.At the present stage,in order to improve the level of consular protection,we must take full account of the constraints on the realization of the basic rights of our overseas citizens and the shortcomings of the existing consular protection work.We must firmly adhere to the leadership of the Party.Only by adhering to the leadership of the Party can we adhere to the peaceful foreign policy,continuously strengthen the comprehensive national strength and ensure the investment in consular protection work.To protect special laws so that consular protection can be legally complied with;to incorporate consular protection omission into the scope of administrative litigation to ensure the litigation rights of overseas citizens in the face of consular protection omission;to pay attention to multi-participation in the consular protection mechanism,and to cultivate the awareness and ability of overseas citizens to protect their rights.