Studies On The Legislative Problems Of Our Country’s Diplomatic Protection

Diplomatic protection is a traditional and important system of the International Law. Diplomatic protection is the highest-level as well as the last means taken by the state of nationality to protect the legitimate interests of overseas citizens and legal persons.With the continuous development of the economic globalization, the international society is paying more attention to the diplomatic protection system. The "Draft Articles on Diplomatic Protection" adopted on the Second Reading in 2006 has demonstrated it. Since China’s Reform and Opening, along with the increasing number of Chinese citizens and legal persons going abroad, the illegal infringements to the legitimate interests of Chinese citizens and legal persons are constantly occurring. Even though the Chinese government has valued the protection to the legitimate interests of overseas citizens and legal persons, the intensity of the protection is not enough. Overview of the current status of the legislation on diplomatic protection in China, it still needs a lot of improvement. This paper is discussing the legislative issues of diplomatic protection in China and proposing advises on that, based on the practices of diplomatic protection of China, commended from its historical development of the legislation of diplomatic protection, and combined the foreign and international legislation.The first chapter of this paper is about the definition of diplomatic protection, nature, exertion conditions, and the similarities as well as the differences between diplomatic protection and consular protection.The second chapter is about the historical development of legislation of diplomatic protection in China. This chapter studies the current status of the legislation on diplomatic protection and then draws out the problems in legislation.The third chapter is about the detailed researches and analysis of the problems of diplomatic protection legislation and their causes. There are still some problems that need to solve immediately in China’s diplomatic protection legislation, for the intensity of the protection is not enough,theoretical research is not enough, experience for reference is not enough, and legislation seriously lagging behind. These problems are as follow:the first is lack of special laws of diplomatic protection, the second is the lack of interrelated laws and regulations, the third is the stateless persons and refugees is not the scope of China’s diplomatic protection, the forth is there are limitations in Nationality Law which admits only single nationality, namely our country cannot provide diplomatic protection to overseas Chinese.The four chapter is about the suggestions on improving the legislation of our country’s diplomatic protection proposed by the author. On the basis of the foregoing, the author puts forward some suggestions to improve China’s diplomatic protection legislation.These suggestions are as follow:The first is to strengthen the theoretical research of the preparatory stage of legislation about diplomatic protection, the second is to develop special laws of diplomatic protection, the third is to establish supporting laws and regulations for the protection of overseas China’s citizens and legal persons, and the fourth is to admit double nationality and provide diplomatic protection to overseas Chinese.