On The Legislation Mode Of Immigration Management In China

Global population movements have not only brought security crises,but also brought development opportunities.This puts forward new requirements for the modernization of China’s governance system and capacity and the construction and improvement of the socialist legal system.Legislation Mode of Immigration Management embodies the overall characteristics of a country’s immigration management legislation.It contains four elements:legislative concept,legislative system,legislative form and legislative content.It guides the current process of enacting and modifying immigration management laws and regulations in China.Since 1949,China’s immigration management legislation has experienced three stages:legislation of alien control,legislation of foreign nationals management,and legislation of exit-entry administration.At present,a certain scale of immigration administration laws and regulations have been enacted,including foreigner status management laws and regulations,border control laws and regulations,and foreigner residence laws and regulations.However,due to the lack of systematic legislative planning,the legislative concept of the current law is unclear,the system is not reasonable,the form too fragmented,and the content is not detailed enough.There are three main mode of immigration management legislation in the world.:order-centered model represented by France,effectiveness-centered model epresented by Germany,and mixed model emphasizing both order and efficiency represented by the USA.According to the historical and cultural factors of China’s immigration management,the actual policy needs and the current legal order conditions,China is more suitable to establish a mixed immigration management legislative mode that focuses on order and balances efficiency and rights.This mixed legislative mode should be guided by a comprehensive legislative concept,emphasizing the legislative system combining unity and decentralization,forming a legislative form of comprehensive law plus single law,and organizing legislative content centering on the immigration process.Thus forms a model of immigration management legislation with Chinese characteristics premised on maintaining immigration order,focusing on promoting development and based on rights protection,which reflect the preventive orientation,open pattern,and prudent attitude of immigration management legislation...