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Reflections On Several Issues In The Revision Of The Current Chinese Nationality Law

Posted on:2021-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z C LiuFull Text:PDF
GTID:2416330623959187Subject:Law
Abstract/Summary:PDF Full Text Request
In the background of globalization,the issues of nationality have never faded from the public and scholars' view these years.With the change of the domestic and international situations,the revision of the current Chinese Nationality Law is urgently needed.This paper cites a large number of data of population structure and personnels' entry-exit,points out that the number of Chinese immigrants to other countries is still growing,and new situations related to nationality appear,such as investment immigration,overseas birth,etc.Meanwhile,the flooding of "three non-" aliens,“foreign brides",foreign students poses new challenges to China's immigration and nationality policy.To cope with the lack of high-level talents and the shortage of labor force caused by the aging population,the nationality law should play its unique role.In order to revise our nationality law more scientifically and reasonably,we should pay special attention to the study of the following legal issues : first,we should attach importance to the balance between the rights and interests of citizens and the interests of the state.We should meet the demand of nationality right of the high-level talents and investors.We should give particular concern to the rights and interests of citizens,such as the right of nationality choice.Furthermore,reasonable and delicate law provisions are very important to the realization of the citizens' nationality rights and interests.Second,the principles of international law and the country's own traditional both influent the content of nationality law.Therefore,in the process of legislation,on the one hand,we must respect our own historical and cultural traditions.on the other hand,we should abide by the principles of international law,such as the principle of non-abosolute jurisdiction on the domestic nationality affairs,the principle of the closest connection,and so on.The last legal issue is the choice between single nationality and dual nationality.After the research of the advantages and disadvantages of dual nationality,our conclusion is that although the dual citizenship can facilitate the groups' entry border and their domestic residence,arouse their patriotic enthusiasm,individuals get less interests,but more confusion.In addition,ourcountry will bear more pressures.Ordinary people will feel unfair for their single citizenship.At present,we should stick to the single nationality policy.After an in-depth discussion of the above legal issues,learned from the reasonable settings of nationality law of other countries,combined with the author's work practice,this paper puts forward some suggestions on the revision of Chinese nationality law from the aspects of substantive content and legislative framework: execute more loose policies on special groups,adhere to a single-nationality and giving the right of nationality choice to the persons with conflicting nationalities.The man who applies Chinese citizenship should have basic knowledge of Chinese culture.Legal terminology shall be clear and definite.The nationality law should be divided into several episodes.An independent chapter about procedures should be set up scientifically.
Keywords/Search Tags:Nationality, revision, foreign nationality law, single nationality, dual nationality
PDF Full Text Request
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