Realization Of Immigration Rights

With the globalization of human economic activities,the cross-border movement of population is becoming more and more frequent.More and more people leave their country of nationality for various reasons and migrate to the country of residence.In the process of population migration,the issue of migration rights and their realization has been concerned by the international community.The universal declaration of human rights in 1948 will be immigration rights in among them,giving immigrants have the right to freedom of migration,but the provisions of the universal declaration of human rights itself to immigrant rights raises a question: on the moral level immigration has the right to enter a certain country,but its not specified countries have the duty to accept.The right to freedom of movement is one thing,but how is another.In today's world,each sovereign state confirms and guarantees the right granted to immigrants to enter its country by law,and some countries also grant immigrants similar rights to citizens on the basis of humanitarianism.However,the concomitant problem is that these countries often neglect their own humanitarian capacity or fail to evaluate their humanitarian capacity,which leads to the conflict between the rights of their own citizens and the rights of immigrants.Therefore,the realization of immigrant rights is a problem related to the relationship between immigrants and countries of residence.There are two different views on the realization of immigrant rights in the academic circle.One is the negative view of immigrant rights;the other is the positive view of immigrant rights.Negative view of immigrant rights advocates restrictions even refused to immigrants into residence,for two reasons,one is the arrivals may make residence the uniqueness of the culture shock,as a result,residence should as far as possible choose cultural background differences small immigration,such ability won't be as a result of immigration into the culture and value conflicts;Second,the entry of immigrants will affect the national security of the country of residence and the social welfare security level of its citizens.Therefore,the country of residence should refuse the entry of illegal immigrants with security risks and even strictly control the entry of immigrants in consideration of the welfare of its citizens.The positive view of immigration rights advocates a loose immigration policy and emphasizes freedom of migration.Its argumentation logic has three aspects.First,the egalitarian view holds that all people in the world,whether citizens or foreigners,should be treated equally.Second,the liberal view that excessive restrictions or even refusal to accept immigrants is a violation of the rights of immigrants and their own citizens;Third,utilitarianism holds that negative immigration policies will restrict the flow of immigrants and lead to low social efficiency.Both the negative view of immigration rights and the positive view of immigration rights analyze the relationship between the country and immigrants from the perspective of national sovereignty.This analysis path has certain defects,that is,it does not fully consider the capacity of the country to immigrants and various related costs of the country.In view of this,this paper,by virtue of the contract theory of economics,regards the country of residence and immigration as rational and equal parties to the contract,and fully considers the costs and benefits brought by the entry or acceptance of immigrants on both sides,so as to propose immigration policies acceptable to both the country of residence and the immigration,so as to realize the rights of immigrants.Contract theory is an important theory in economics,which analyzes the economic behaviors and results of different subjects in a specific trading environment.It usually needs to simplify the transaction attributes to some extent by assuming conditions and establish models to analyze problems and draw conclusions.To analyze the realization of immigrants' rights based on contract theory is to analyze the relationship between immigrants and the country on an equal footing.Based on the principle of equality,the immigrants and the country reach a voluntary agreement similar to a "contract".The country grants immigrants the rights,mostly to give them certain incentives: to work,study or live in the country for a long time.At the same time,there is some consideration in granting immigrants rights.In peace and economic prosperity period to serve the interests of the state's immigration policy will change with The Times and change,in a country at war or recession,countries may not be welcomed immigrants into even want to expel immigrants,so countries tend to be more flexibility of immigration policy,because it is convenient to change policy when they change in situation.However,if they insist on flexible immigration policies that give migrants minimal rights,then countries will lose sufficient incentive to enter thecountry of residence.Therefore,immigrants and countries need to find a balance between the benefits of both sides to complete the contract,in order to maximize the interests of both sides.China is also faced with the realization of immigration rights.Since the reform and opening up,the number of immigrants entering China has been increasing.Many foreigners want to study,work and live in China.This phenomenon has brought great challenges to China's social governance.The country is faced with the balance between the costs and benefits paid by immigrants entering the country,and how to protect the rights of immigrants.In the practice of realizing the right of immigrants,the Chinese government is faced with such immigration problems as the right of exit,family reunion,labor market,dual nationality and refugees.The economic contract theory provides a new perspective for analyzing and studying these problems.On the issue of immigration withdrawal right,the immigration commitment system should be established,which can effectively avoid the excessive cost of the state;On the issue of family reunion of immigrants,an immigration quota system should be established,so that while helping immigrants to realize family reunion in China,the annual quota of family reunion should be controlled within a reasonable range.On the issue of labor market,a skilled migration system should be established to attract more talents into China.On the issue of dual nationality,the advantages and disadvantages of dual nationality should be recognized,and the application of dual nationality should be carefully considered.As for the refugee issue,China has the practice of accepting refugees and has established the national immigration administration to manage the refugee issue.However,there has been a lack of special refugee screening procedures.Therefore,it is imperative to establish a special refugee screening procedure as soon as possible.