The Improvement Of The Legal System Of Immigration Guarantors In China

The immigration guarantor system is a system that grants the status of guarantor to the citizens of the country of immigration to which the foreigner is affiliated.When the foreigner needs financial support or is unable to pay off debts,the citizens who bear the guarantee obligations in the country of immigration bear the relevant expenses and joint liabilities.Improving the legal system related to immigration guarantors in China is an effective means of preventing and controlling social risks that may be caused by foreigners coming to China due to their own economic reasons,while also effectively protecting the interests of creditors.The improvement of the legal system related to immigration guarantors will be an important embodiment of the principles of social risk control and equal rights in the immigration management legal system in the economic field.At present,many traditional immigration countries in the world have established relatively mature immigration guarantor systems,which can be mainly divided into the system of relatives who bear the guarantee obligations,and the system of employers who bear the guarantee obligations by domestic citizens who employ foreigners to work.However,China’s relevant systems have lagged behind the economic and social development,and the relevant legal system is still incomplete.This article will first provide a clear definition of immigration,analyze the reasons for immigration behavior from an economic perspective,and briefly introduce what is the immigration guarantor system.Then it will clarify the legal significance of improving the immigration guarantor system and the necessity for foreigners coming to China,as well as for our society and citizens,and then introduce the relevant provisions on the immigration guarantor system in the existing legal norms in China.It will also point out that there is a lack of a complete legal system in the current legislation of the immigration guarantor system in China,and the scope of application of the system is too small The legal effectiveness of immigration guarantees is not clear and there is a lack of effective disciplinary mechanisms.Subsequently,it elaborates on the existing legal systems of migrant guarantors in some traditional immigration countries,and provides guidance for improving the legal system of migrant guarantors in China.Finally,this article will provide ideas and suggestions for the next step in improving the legal system of migrant guarantors in China from five aspects: first,introduce the two types of migrant guarantors system,namely,the relative guarantor system and the employer guarantor system;The second is to discuss the content and effectiveness of the immigration guarantee;The third is to determine the qualifications of the guarantor by clarifying the scope of the guarantor’s identity and the requirements for assets;The fourth is to clarify the legal responsibilities that the relative guarantor and the employer guarantor should respectively bear;Fifth,establish accountability mechanisms for guarantors from both administrative penalties and criminal liability.