| According to data released by the UN Refugee Agency(UNHCR),the number of refugees has been on the rise since 2011,and the international community is under increasing pressure.With the increasingly complex international situation,climate change,gender,terrorism and other factors,on the one hand,the idea of human rights’ development requires that the above-mentioned displaced people be granted refugee status;on the other hand,out of consideration of national interests,the restrictive interpretation of refugee definition forming a development trend in another direction.The definition of refugee occupies a basic position in the research process of refugee problem.Only those who are identified as refugees according to the definition of refugee can obtain refugee status and enjoy the treatment and rights of refugees.The first international consensus on the definition of refugee was reached in the 1951 Refugee Convention,which is still the only international definition.The 1951 Refugee Convention,the first legal document to reach consensus on refugee protection and the only normative legal instrument at the international level,is still the legal basis for the work of UNHCR and sovereign States today.The definition of refugee in the Convention is too principled and general,so that countries have a large space for interpretation in the actual operation process,so as to control the inflow or outflow of refugees to their countries.and countries have a large space for interpretation in the actual operation process,so as to control the inflow or outflow of refugees to their countries.This arbitrary interpretation had a negative impact on the protection of the rights of refugees.The interpretation of the definition of refugee has been controversial in academic circle.Therefore,there is still much room for discussion and research on the definition of refugee.This article starts from the text of the 1951 Refugee Convention,through the interpretation of the core terms of the definition of refugee,summarizes and analyzes the different practices of the international community to the definition of refugee,hoping to adapt the interpretation of the refugee definition through the method of evolutionary interpretation,so as to provide reference for our refugee legislation.This article is divided into four chapters.The first chapter,based on the first article of the 1951 Refugee Convention,explains the definition of refugee in detail.In the process of text interpretation,with reference to the guiding documents of UNHCR and the academic research results,the definition of refugee is divided into several core terms,and the definition is thoroughly analyzed from both subjective and objective perspectives.The second chapter,from theory to practice,analyzes the extensive or restrictive interpretation of the definition of refugee by States parties in the process of refugee recognition.Through case analysis,whether "climate refugees" and "gender factors" can be included in the scope of refugee definition,and the relationship between terrorists and exclusion clause,Through the form of case analysis,this article discusses whether "climate refugees" and "gender factors" can be included in the scope of refugee definition,and the relationship between terrorists and exclusion clause,and discusses how to achieve the balance between humanism and national interests.By comparing the advantages and disadvantages of various treaty interpretation methods,the third chapter chooses to use the evolutionary interpretation method to analyze the definition of refugee.At the same time,the specific points for attention in the process of interpretation are analyzed.The fourth chapter,after summarizing the above theoretical and practical experience,sorts out the current situation on the refugee problem,analyzes the necessity and feasibility of the refugee legislation,and conceivably defines the refugee from the path selection and concrete regulations,in order to better deal with the possible refugee problem in our country. |
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