Research On Legal Regulations And System Relating To The Foreigners’ Illegal Employment In China

With the deepening of 30 years opening and reform, especially after joining the WTO and 1LO, the political, economical and cultural exchange and cooperation between china and the world has become increasingly intense. China has become the hotspot of international investments and become the main country of human resources importing and exporting.It is reported that the gdp of china has account for 15% of gdp of the world.Meanwhile,china is now facing with the situation that population advantages,as the production factor,has been weakened.While due to lagging of laws and regulations construction, inadequate law enforcement and lack of international exchange platform, foreigners committing crimes has been rising. Illegal entrance, employment,residence of foreigners in china has stand out,which call for more attention from lawmakers. With the employment situation becoming more intense and labor market become increasingly saturated, those problems not only do harm to the normal exit-entry administration order but also intrigue various social security problems and set potential risks for national security. While many countries has positively deal with this problem, the laws and regulations of china in this filed awaits to be improved.This article, with 4 parts, specifically concerned the relevant law issues of illegal employment of foreigners. The first part, based on fundamental theories, expound the concept of illegal employment. The second part has analyzed the statusthat the means of illegal employment are various, the fields are centralized andthe subjects are complicated, and analyzed the reasons of the illegalemployment from internal and external cause. research on the harms for the exit-entry administration order, economy, employment market, public safety. The third part, research on the deficiencies and problems of foreigners employment from stands of legislation, enforcement and judicature. The forth part, by study from the experience of advanced countries such as Europe, America and japan,combining the practical situations of china, offer suggestions and proposals,such as set out professional law and regulation,like<law of foreigners employment administration> and set up immigration bureau.