Legal Recognition Of Illegal Employment Of Foreigners

With the further deepening of the reform and opening up and the continuous development of economy and society in China in recent years,China has higher attraction to foreigners and more and more foreigners come to China.Meanwhile,the living standards of residents in China have continued to improve,their horizons have been broadened,and the demand for foreigners in certain industries has continued to grow.According to current laws,regulations and management rules,the job market in specific industries and fields is not completely open to foreigners.Because of the interaction of two reasons,the huge market demand and interest temptation and the relatively low cost of illegal acts,more and more employers and foreigners take risks and the number of illegal employment cases of foreigners has increased significantly,and such cases have showed new characteristics.However,restricting illegal employment of foreigners is of great significance to protecting national security and maintaining social order stability,combating crimes that obstruct national territory(borders),and protecting the domestic labor market,and it must be taken seriously.Compared with other exit-entry cases such as illegal entry and illegal residence of foreigners,cases of illegal employment of foreigners are more complicated,and there are some difficulties in determining them.The determination of the nature of the behavior,the determination of the situation,and some special issues related to the determination are worthy of in-depth study.Different from previous researches in related fields that mainly focused on the issues of systems and mechanisms,this article bases on the current situation of illegal employment of foreigners,deeply understands the practical significance of restricting illegal employment of foreigners,and examines the legal determination of illegal employment of foreigners in combination with cases.With regard to the problems that cannot be accurately determined or the results of the determination cannot meet the requirements of economic and social development under the existing legal system,this article puts forward suggestions for the adjustment of the legal policy on the determination of illegal employment of foreigners in the future: we should comply with the law and properly open the employment market for specific foreign labor;strengthen collaboration,and introduce and improve immigration legal systems;improve measures,and protect personal and property rights in accordance with the law.Generally speaking,through specific analysis of practical issues,this article aimsat exploring and constructing the legal and practical system that conforms to international development trends,suits the national conditions of China,fully safeguards national interests,and continuously promotes economic and social development,providing a strong reference for legislative departments to formulate laws,and providing strong support for law enforcement departments to handle related cases.