Study On The Basic Rights And Subject Status Of Foreigners’ Constitution

With the intensification of globalization and the further deepening of reform and opening up,international exchanges have deepened day by day.In the face of more and more foreigners entering the country,the issue of foreigners’ rights demands has begun to enter the perspective of scholars.The study of the rights of foreigners is of great significance not only to the perfection of the basic rights system of our country,but also to the harmony and stability of the legal system of our country.The constitutional text of our country does not explicitly regulate the qualification of foreigners’ basic rights subject,but this does not mean denying their basic rights subject qualification.Some countries in the world include foreigners in the subject of basic rights,which is not only conducive to better protection of the legitimate rights of foreigners,but also has positive significance for the perfection of the theoretical system of basic rights.By drawing lessons from the practice of other countries,we can perfect the subject of the basic rights of foreigners in our constitutional text.The first part introduces the general theory of the basic rights subject,including the evolution of the general subject and the special subject and their basic rights subject.In particular,the evolution of the subject of basic rights not only explains from personal reason to individual rights,human rights,to become legal rights,constitutional rights,and then form a basic rights system,but also paves the way for the analysis that foreigners become the subject of basic rights.The second part studies the three legislative models of the world’s constitutions on the subject of the basic rights of foreigners,and on this basis analyzes the characteristics and profound connotations,and then analyzes the theoretical basis and practical reasons for foreigners to become the subject of basic rights.The content category of rights and the content category of rights that can not be enjoyed.The third part introduces the theoretical and practical basis for foreigners to become the subject of basic rights.The development of international human rights theory now requires the country’s domestic laws to keep up with the needs of the international times,and protecting the legitimate rights and interests of foreigners has become the development requirement of human rights theory.With the deepening of international exchanges,the depth and breadth of my country’s reform and opening up continue to expand.The participation and contribution of more international talents are needed to jointly promote the prosperity and development of our society.The fourth part explains the scope of the basic rights of a foreigner as the subject of basic rights,including the rights that a foreigner can enjoy,what rights a foreigner can enjoy as a natural person,the basic rights that are forbidden to enjoy,and the scope of rights that need to be restricted.The fifth part introduces the legislative provisions of our constitution and the contradiction between civil law and constitution,and discusses the rights of foreigners in social participation and social rights.The constitution of our country adopts the basic right subject mode of "citizen ",while the civil subject in the civil code adopts " natural person ",which does not accord with the provisions of the constitution.After introducing the present situation of the subject of the basic rights of foreigners in our country,this paper discusses in detail whether foreigners can enjoy the subject qualification,the scope of their rights and the scope of their rights,can not be enjoyed,and the restriction of the rights of foreigners by the state.