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Research On The Legislative Dilemma And Countermeasures Of The Current Entry-exit Management Law In China

Posted on:2010-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y SangFull Text:PDF
GTID:2516303020484054Subject:Law
Abstract/Summary:PDF Full Text Request
The development of international migration requires a mature law to regulate. In the traditional immigration countries, a mature Immigration Law has long been put into effect and changes to the law have been made constantly in order to cater for the needs of social development. Since the foundation of the People's Republic of China, the immigration issues in China are mainly administered according to the Law of the People's Republic of China on the Control of the Exit and Entry of Citizens and the Law of the People's Republic of China on Control of the Entry and Exit of Aliens.The two laws mentioned above belong to the category of laws regulating international migration and should be made according to the domestic interests and diplomatic relations. Based on the historic background and present conditions of China, these laws are collectively called Exit and Entry Law in this thesis. The process of making Exit and Entry Law will be definitely influenced by both international and domestic situation.Since the group of making Exit and Entry Law came into existence, scholars and policy performers have put forward many advices and suggestions which in turn have aroused fervent argumentations, which greatly promoted the process of law making. The enforcement of Passport Law and other amendments have shown the constant improvement in the process of making Exit and Entry Law. To step out from the difficulties and find a positive solution in this process, the principle of law-making should be made clear and the characteristics and defects of the present Exit and Entry Law should be detected by a comparative study on the Exit and Entry Law in China and other countries.The defects of the present Exit and Entry Law mainly lie on the administration of oversea citizens. This thesis elaborates on the difficult situation of the present Exit and Entry Law. In the new Exit and Entry Law, the penalty for the illegal residence and illegal employment should be reinforced, in order to make up for the losses we have suffered from the lack of amendments to the law in the past 20 years; at the mean time, the Nationality Law should be reformed and integrated into the new Exit and Entry Law. The issue of economic migrants should also be added to the new law so that they will make more contributions to the socialist construction of China. The work divisions in the exit and entry administration organizations should be clarified and a Bureau of Immigration should be established to control the exit of Chinese citizens as well as the entry and the employment, study and residence of aliens. The administration of entry and exit of residents in Hong Kong, Macao and Taiwan should be integrated into the administration of China's mainland citizens and procedures should be reduced to enhance the mutual emotion.Based on the factors that may influence the making of a new Exit and Entry Law, this thesis endeavors to analyze the present situation and difficulties of the laws related with immigration issues and to put forward some tentative ideas with the hope to make its own contribution to the making of a new Exit and Entry Law.
Keywords/Search Tags:Exit and Entry Law, Immigration Law, Difficulties, Solutions
PDF Full Text Request
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