A Study On Nationalities Acknowledgement In Exit And Entry Administration

The exit and entry administration serving natural person is mainly about exit and entry of Chinese citizens,exit and entry of foreign citizens,staying or resident permit administration and other matters in People’s Republic of China.The nationalities acknowledgement is the foundation of other works in exit and entry administration.While a natural person applies,confirming the nationality of the natural person is the first priority.After confirming Chinese citizens or foreigners,the exit and entry administration will follow the proper laws and regulations according to the nationality of the natural person.The major defining characteristic of Chinese nationality acknowledgement in exit and entry administration is "NATIONALITY LAW OF THE PEOPLE’S REPUBLIC OF CHINA,published in 1980.The nationality acknowledgement of Chinese nationality law is a mixed principle with jus sanguinis as major and jus soli as minor.And it explicitly denies dual nationality to Chinese citizens.The promulgation of the nationality law solved the nationality issues faced by our country at that time,and played a good guiding role in the nationality administration of our country.Since the promulgation of the nationality law for 40 years,with the development of global integration,the cases caused by increasing of mobility of people from different regions,foreign marriages and transnational immigrations have become more complicated.There are new challenges while acknowledging nationalities to natural persons.The common issue of nationality acknowledgement to natural person is the unsure result of nationality acknowledgement.It specifically reflects in inconsistency of nationality acknowledgement result to same person by same department or different departments,which are domestic and foreign exit and entry administration bureaus or domestic exit and entry administration bureaus from different regions.This situation brings administrative counterpart inconvenience and confusion on one side,and caused dilemma to exit and entry administration on the other side.This thesis is from the point of view of exit and entry administration practice.It describes present situations and issues of nationality acknowledgement in exit and entry administration,and compares cases about common nationality conflict and nationality acknowledgement result of juveniles and foreign nationality Chinese who have foreign passports according to Chinese nationality law with practice cases,This thesis study aspects as law system,corresponding functional department,administrative counterpart and so on to figure out the reason of common issues in nationality acknowledgement:First,there are insufficient of laws and regulations,and inaccurate operating procedures in nationality acknowledgement.The articles of nationality law are quite simple.The explanations and explications of key words,articles and terms are not clear.In this case,it is difficult to guide the daily work.Second,functional departments separate authority and responsibility.There are lack of communication and cooperation mechanism between domestic and foreign exit and entry departments,nationality and residence administration departments.This situation causes dilemma of nationality administration.Third,administrative counterparts have weak sense of nationality or conceal their own situation for benefit or convenience.Here listed the nationality laws in the USA,France,Japan,and Vietnam.This thesis discusses the inspirations come from foreign countries’ nationality laws to our country in nationality acknowledgement issues on the aspect of legislation of nationality law,object of nationality acknowledgement,treatment of nationality issues and cooperation of nationality and residence administration.At last,I hereby present some point of view combined with practice to improve nationality acknowledgement:First,improve and enrich construction of law system and contents of nationality law.Improve construction of corresponding laws and regulations.Clarify the position and procedure of nationality acknowledgement.Second,complete construction of administration system and innovate administration system.Third,confirm nationality issues via agreements from different countries.