Research On The EU's Legal System Of Immigration And Repatriation And Its Enlightenment To Our Country

The deportation of aliens is a manifestation of a State's sovereignty,but there is a conflict between the deportation of aliens and the protection of human rights.Many international and regional human rights documents have established the principles of international fundamental rights protection.In the context of European fundamental rights protection,the European Union's EU Return Directive also addresses many aspects of the return regime,reaffirming the importance of fundamental rights protection in the return process.It also promotes voluntary departure and provides safeguards and remedies for immigration detention.The European Union 's policy orientation on immigration issues,which is more inclined to protect human rights,has played a positive role,however,it is undeniable that it also poses a threat to national security and national rights and interests.How to find a balance between the national interest and the protection of the basic rights of immigrants is very important for the improvement of China's immigration repatriation system.Based on this,this essay then explores repatriation solutions to problems such as the promotion of voluntary departure,the procedural refrain of immigration detention.In China,the Constitution clearly protects the legitimate rights of foreigners in China,and foreigners should abide by the laws of China.Several laws and regulations regulates return and deportation of foreigners.How to promote the application and implementation of voluntary departure?how to regulate the procedure of restricting the personal freedom of foreigners?These problems are very important for the optimization of China's immigration repatriation system,which need to be improved based on the current legislative and judicial situation,combined with the experience and lessons of the EU in this regard.In order to further improve the governance ability and level of our country,it is necessary to further improve the repatriation law system.We should draw lessons from the clear principles of human rights protection in the EU Return Directive to provide "flexible rules" for the difficulties in China's practice;We should give priority to the application of voluntary departure,define the period of voluntary departure,and set up obligations such as regular report and deposit for the foreigners who leave voluntarily;we should establish a clear system of detention pending removal,and set a certain period for it,We should improve the accommodation and facilities of detention,and establish special facilities of detention review and immigration detention centers to provide the humanistic care for foreigners.