The Research Of Issues And Suggestions On The Laws And Regulations Concerning Foreigners In China

This paper is a research about the issues and suggestions on the laws and regulations concerning foreigners in China.At first, the author elucidated the general concept of the civil legal status of the foreigners from the viewpoint of private international law, and touched some systems of foreigners’civil legal status, such as national treatment, most-favored-nation treatment, general preferential treatment and preferential treatment. Meanwhile, the author also briefly introduced the current situation about the foreigner’s civil legal status in China, such as the foreigners’entry-exit activities, investment and management, intellectual property protection and judicial protection.Secondly, the author discussed some issues on the civil laws and regulations concerning foreigners in China from the viewpoint of judicial practice. And those issues included the following aspects:1. Entry and exit: Some regulations on refused permission to land are impracticable, which makes the provisions useless. The punishment to the illegal immigrants and those who assist the illegal immigrants is too light, which can’t make the offenders lack of awe to the law.2. Residence registration: As the regulations on temporary residence registration are too strict, it is very hard for the foreigners’to abide the relevant law. Thus, many foreigners fail to or delay to register their temporary residence in China. 3. Residence: The regulations on the foreigners’residence are far away behind the administration practice. Many foreigners overstay illegally in China just because they are confused of such similar documents as residence permit, residence registration form, residence card and residence certificate.4. Employment: The current law and regulations strictly control the foreigners’employment in China, without considering the needs of different levels and types of foreign employees during our reforming and opening to the world. And then the phenomena of illegal employment by the foreigners, such as maiden servant, commercial performance, are quite often seen in China.5. Departure prevention: The laws have limited practical regulations and measures to prevent those foreigners who offend the law or have civil disputes from departure.6. Marriage and divorce: The regulations on marriage and divorce concerning foreigners have some“blind spots”, which makes it difficult to handle the problems of bigamy, co-habitation, homosexual marriage and divorce concerning foreigners.7. Nationality: The Chinese Nationality Law has some shortcomings and conflicts with foreign nationality laws, which causes the problems of dual nationality, statelessness and vagueness of nationality.Finally, the author made some suggestions to solve the above issues:1. To clarify the foreigners’legal status in China;2. To make the relevant laws and regulations sound and adequate;3. To further the reform on administration systems and transformation of government function.