The Study On The Legal Regime Of Labor Migration In Destination Countries

Labor migration for employment refers to people who conduct cross-border movement in order to pursue career and earn remuneration along with the related behaviors and activities.In China,they are often referred to the foreigners working in China.At present,the accelerated development of global economic integration and world trade liberalization has led to an increasingly complex phenomenon of labor migration: on the one hand,for legally imported migrant workers,regulated by the destination countries' legal regime aimed at preserving the national sovereignty and economic development interests,the advantages of immigrant talents are difficult to gain proper tension and their legitimate rights and interests are often threatened;on the other hand,the issue of illegal migrant workers has increasingly become a non-traditional security factor that threatens the security of the destination countries in various fields,and it generally has become the target of key control in destination countries' legal regime.However,under the principle of priority of sovereignty in international law,the economic,political,and social factors of the destination countries have profoundly affected their legal regime that has formulated,resulting in gaps and frictions,even passive competition,between labor migration and the destination countries,the destination countries and the countries of origin as well as the destination countries and the international community,which is not conducive to the safe,orderly and normal flow of global labor,nor is it conducive to developing the destination countries' economy and balancing their labor market demands.Hence,how to improve the relevant legal regime in the destination country calls for further research.Based on the balance discussion on maintaining the national sovereignty and the protecting the labor migration rights as well as taking both the national economic development interests and the fight against towards illegal labor into account,this paper analyzes the influencing factors,characteristics,functions and limitations of the legal regime from the perspective of the destination countries,and discusses how to improve the legal regime of labor immigration in the destination country and puts forward suggestions based on the actual situation in China.In addition to the introduction and conclusion,the paper is divided into five parts: The first part defines relevant concepts of the legal regime of labor migration.The theoretical and legal basis in establishing the legal regime of labor migration is analyzed,together with the contents and structures.In the second part,the author analyzes the legal regime of labor migration in the destination countries and summarizes the experience of the representative countries.The legal regime constructions at the level of bilateral,regional and international organizations have been split,including China's current situation.In the third part,it analyzes the influencing factors of the relevant legal regime,pointing out the common factors and unique features of China.The fourth part analyzes the characteristics,functions and limitations of the relevant legal regime in the destination countries.Among them,it concludes problems rising in the relevant legal regime in China.The fifth part puts forward specific suggestions to the destination countries and China,aiming to improve the legal regime of labor migration.