Consular Protection Legal System And Its Operation

Consular protection system is a particular system that is the product of socialdevelopment. A series of changes had happened in its nature and contents. Consularprotection legal system is the purpose of Consular protection system development andthe core of consular protection system. Due to consular protection behavior is a kindof public service consular assistance behavior in the nature, which will not create thegeneration, change and eradication of legal relations, for example: providing overseassecurity tips, helping hire a lawyer or a translator. Consequently, consular protectionlegal system became the object of study. As globalization develops, countries havestarted to focus on the legislative construction of consular protection system andimprovement of the operation. Internationally,"Vienna Convention on ConsularRelations" is the basement of consular protection legal system. As the related study ofthe domestic law is not yet mature at present, studies on consular protection legalsystem are rare. However, the existing consular protection legislative framework andthe efficient operation of consular protection will give us much inspiration.During the full year of2013, China’s consular protection cases have reached to42,000. This staggering figure shows the urgent needs of consular protection. Thispaper attempts to start from the following aspects to explain to construction ofconsular protection system and its operation. In the first part, the author analyze thehistorical evolution of the international consular legal system and the consular legalsystem of our country; the second part, expound the consular protection legal systemon following aspects: the connotation, the legal basis, the legal conditions, the subject,the object and the operation of consular protection legal system in China; third part,use Japan, the United States and England as examples to analyze the related legalframework and the operation of the consular protection; the fourth part, discuss thedefects of consular protection and how to improve legislative system.