Research On The Human Rights Protection Of Immigrants Under The Prohibition Of Centralized Deportation Of Aliens

Based on the protection of the human rights of immigrants,this paper makes an in-depth study of the judicial practice of the European Court of human rights on the prohibition of collective expulsion of aliens,and then mainly discusses the following questions: what is the specific composition of the prohibition of collective expulsion of aliens? Does the European Court of human rights have the effect of protecting human rights? Where can we learn from the rules and their judicial application?The first chapter of this paper explores the background of the establishment of the rule against the collective expulsion of aliens,which is divided into three parts: the legislative background,the general situation of the application of the European Court of human rights and the process of the rule’s external influence.The purpose of the prohibition of the collective expulsion of aliens is to prohibit the frequent collective expulsion of aliens in human history,especially in European history.It first appeared as an international treaty in Article 4 of protocol IV of the European Convention on human rights in 1963.In the following half century,the prohibition of the collective expulsion of aliens has gone through a process from relative depression(European Commission of human rights stage)to active application(European Court of human rights stage)in judicial practice in Europe,which has influenced the legislation of other important regional human rights treaties and international law as a whole Has become one of the principles of international law.The second chapter is devoted to the analysis of the legal constitution of the rule of prohibiting the collective expulsion of aliens,specifically analyzing the following three concepts,namely "concentration","expulsion" and "alien"."Concentration" refers to the fact that the State concerned has neither personally examined the plaintiff nor given the plaintiff the opportunity to defend himself.In addition,the background of the event is one of the factors to determine whether it constitutes "concentration"."Expulsion" has been interpreted by the European Court of human rights,including both the original intention of expulsion and the extended meaning of prohibition of entry."Aliens" include all persons who do not possess the nationality of the State concerned,that is,foreigners and stateless persons,and they are not asked about the reasons for their entry and whether they are in conformity with the law.The third chapter analyzes the positive effect of the European Court of human rights on the judicial application of the prohibition of the collective expulsion of aliens based on the protection of human rights.The inherent legal value of the prohibition on the collective expulsion of aliens includes freedom from arbitrary treatment and discrimination,and the subject of application includes all foreigners who are not nationals.The international human rights judiciary,represented by the European Court of human rights,has played a significant role in protecting the basic human rights of migrants through the judicial application and conceptual improvement of the rules.The last chapter of this paper re analyzes the European Court of human rights’ interpretation of the prohibition of the collective expulsion of foreigners by way of sublation,and holds that the rationality of the European Court of human rights’ interpretation of the concept of "expulsion" is open to question.Then on this basis,the article provides suggestions for the future immigration related laws and regulations to include the prohibition of collective expulsion of foreigners clause and judicial application.