Research On The Repatriation System Of Illegal Immigrants In China

Due to the rapid economic development,China has gradually become an emerging immigration country,and the number of people from all over the world has increased year by year,which has not only contributed to China’s economic development,but also brought difficulties to China’s management of foreigners.Among the foreigners who come to China,there are many people who have entered the country through illegal means,overstayed,or engaged in illegal industries,and the problem of illegal immigration has become large,so the repatriation system is playing an increasingly important role in managing the problem of illegal immigration.However,there are still difficulties in the implementation of China’s illegal immigration repatriation system:on the one hand,as far as the legislative link of the illegal immigration repatriation system is concerned,various laws and documents are scattered in multiple levels of laws and regulations,and it is imperfect in content and backward in concept,and there is an obvious gap with the legislation of developed countries with their mature immigration systems;On the other hand,the law is not sufficient for itself,and the law enforcement of illegal immigration has problems such as the lack of professionalism of the law enforcement team,insufficient implementation of human rights protection,and insufficient international cooperation.Under the background of China’s economy gradually forming a new pattern of dual circulation,the improvement of legislation,law enforcement and judicial improvement of the illegal immigration repatriation system has become an important measure.This paper mainly reveals the deficiencies of the illegal immigration system in legislation and law enforcement and the lack of judicial links through five parts,and attempts to propose perfect countermeasures:the first part mainly introduces the research background of this paper and the literature review on the repatriation system at home and abroad;The second part is to clarify the relevant concepts of illegal immigration repatriation,including the concept and nature of illegal immigration,and the identification of repatriation and other illegal immigration management measures,so as to clarify the research object and lead to the revelation of the problem;The third part introduces the legal basis of the repatriation system,including the principles of national sovereignty and human rights protection based on international law,as well as the domestic repatriation laws and regulations,pointing out the dilemma of repatriation application that China is currently facing;The fourth part selects the relevant laws,regulations and governance experiences of the EU and US repatriation systems,focusing on the EU’s human rights protection and the United States’administrative and judicial review;The fifth part puts forward specific suggestions for the improvement of China’s repatriation system in response to the difficulties raised above,including improving the legislation,linking judicial review and administrative review of the illegal immigration repatriation system,strengthening the professionalization of law enforcement teams,strengthening human rights protection and international cooperation.