| Nationality is the legal status of a person belonging to a particular nation by origin, birth, or naturalization. Basing on this legal status, a specific person has legal relationship on rights and obligations with a specific nation. Thus it has apparent significance to a person and a nation. And the nationality law is the general definition of the native laws regulating the acquisition, renunciation and alteration of nationality.Nationality is of great significance to a nation. A nation imposes different rules on her native citizens and foreigners according to nationality, and a person accepts ruling and enjoys protection of a relative nation according to his nationality. Meanwhile, nationality is the basis for a nation to confirm a person as her citizen. It is also an important basis to identify a person's legal status. It reflects the legal relationship between an individual and the nation, acting as a major relationship between an individual and international laws. It is also very important for a nation to carry out jurisdiction. A person can ensure the validity of his rights and obligations on international laws and enjoy the diplomatic protection from his nation only after he has acquired nationality.For nationality is the legal status of a natural person belonging to a particular nation, it is of great importance to identify the nationality of a party or a main body, whether in the field of international private law or international public law. However, the native laws of all nations dominate the current laws on nationality, and the nationality laws of those nations differ remarkably because of their different history, cultures, traditions and even legislation policies. Consequently, the nationality conflicts are unavoidable, and the phenomenon of dual or multi nationality occurs. The purpose of solving the nationality conflict of a natural person differs from international private law and international public law. The international public law aims to avoid multiple nationality and non-nationality, while the international private law aims to identify the party' s native laws applicable. It is an important standard to judge whether a civil legal relationship is a foreign related civil relationship or a international private law relationship, and it is a basis to identify the jurisdiction on foreign related civil cases.Entering WTO made China tie closer to the world, and also accelerated China' s population floating and international emigration. China' s Nationality Law put into use in 1980 has solved many problems on nationality with the precondition of one nationality policy, but it can' t avoid the problem of dual or multi nationality. Even if there are some theories and thoughts on dual nationality nowadays, I think China should consist on the policy of one person with single nationality.In this article, I have analyzed the principle and practice of the Nationality Law of the People' s Republic of China, compared the nationality and immigration policy of the USA, Japan, Australia and New Zealand, and raised some problems of the Nationality Law issued in 1980 that undated to the current situation. Here I make some suggestions on amending and improving China' nationality law combining with the practice in China and according to the principles of international laws.This article is composed of three parts:Chapter 1: Briefing on Nationality.This chapter includes some general theories on nationality, the acquisition and renunciation of nationality, the relationship between nationality and diplomatic protection, nationality confliction and the significance of nationality solutions in international laws.Chapter 2: Comparison of Sino-foreign Nationality Laws.This chapter focuses on the comparison research of Sino-foreign nationality laws and immigration policies, including principles of nationality identification, policies of nationality and immigration, the naturalization system in foreign countries and policies for the foreigners residing in China.Chapter 3: Practice of China's Nationality Law and Suggestions on its amendments.This article illustrates the general principle and practice of China' s Nationality Law, the development and actuality of nationality law in China, analyzing the problem of dual nationality in the practice under China' s current nationality law and bringing forward some suggestions on the amendment and improvement of the current nationality law with precondition of the principle as one person with one nationality. |
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