国籍冲突与双重国籍的承认

发布时间：2018-05-01 08:22

本文选题：国籍 + 国籍冲突　；参考：《山东大学》2011年硕士论文

【摘要】：全球化的迅猛发展使得各国间的关系更加紧密,国与国之间的人员来往也日益频繁,由此也就出现了诸如中外通婚、出国留学、探亲访友、跨国移民和收养等跨国人员流动现象。而所有的这些现象无一不触及到自然人的国籍问题。由于国籍立法在现阶段还是各国根据自己的政治经济状况和传统习惯,在维护本国国家利益的基础上进行的国内立法,国际社会到目前为止并没有统一的标准,这又势必导致国籍冲突的出现,其中公民的双重国籍现象是困扰各国政府的重大难题。针对本国公民出现的双重国籍,以前的大多数国家多是采取一种抵制的态度,不承认公民的双重国籍,但是随着国际新形势的发展,以往否定双重国籍的国家,为了本国利益转而对双重国籍采取了宽容态度,或明确承认,或加以默认,或对其有条件的接纳。我国既是世界上经济发展最快的发展中大国,又是人口最多的发展中大国。随着改革开放的进一步深入和对外交流的日益频繁,人才的引进和海外移民的增多使我国所面临的双重国籍现象更为严重,而我国于1980年颁布的《国籍法》一直坚持单一国籍原则,不承认公民的双重国籍,这一规定在解决新形势下我国所面临的双重国籍问题明显力不从心。在对待华人国籍问题上,建国初,我国政府为了华人的利益和国家的安全,采取了不允许华人拥有双重国籍的政策,这在当时确有积极作用；但是现在,随着我国国际地位的提高,海外华人的生存环境已经没有那么糟糕,相反他们大多都具备了较强的经济实力,并且有着投资祖国建设,为祖国统一大业出力献策的爱国之心,为此他们迫切希望重新获得中国国籍。面对这些新情况,我国在当前加快和平崛起的进程中,应该以更长远的眼光、以海纳百川的胸怀对公民的双重国籍采取有限承认的原则,只有这样才能满足一些特殊群体对双重国籍的迫切呼唤；只有这样才能更好地为我国的发展吸纳人才,才可以为我国的经济迅猛发展创造良好的国际环境。本文在阐述国籍基本理论的基础上,对国籍冲突,尤其是双重国籍进行了详细研究,并通过分析国外处理双重国籍的实践,对我国在解决这一问题所遇到的困难和具体处理办法给出了自己的分析与建议。
[Abstract]:With the rapid development of globalization, the relations between countries have become closer and more frequent among countries. As a result, such as intermarriage, studying abroad, visiting relatives and friends have emerged. The phenomenon of intercountry migration and adoption. All these phenomena touch upon the nationality of natural persons. As nationality legislation is still domestic legislation carried out by various countries at this stage on the basis of their own political and economic conditions and traditional customs and on the basis of safeguarding their national interests, so far the international community has no unified standards. This is bound to lead to the emergence of nationality conflicts, in which dual citizenship is a major problem puzzling governments. In view of the dual nationality of their citizens, most of the countries in the past adopted a resistance attitude and did not recognize the dual citizenship of their citizens. However, with the development of the new international situation, countries that had previously denied dual nationality, In the interest of their own country, they have adopted a tolerant attitude towards dual nationality, either explicitly recognized, acquiesced in, or conditionally accepted. China is not only the fastest developing country in the world, but also the most populous one. With the further deepening of reform and opening up and the increasing frequency of foreign exchanges, the introduction of talents and the increase of overseas immigrants have made the phenomenon of dual nationality in China more serious. However, the nationality Law promulgated in 1980 has always adhered to the principle of single nationality and refused to recognize the dual nationality of citizens. This provision is obviously unable to cope with the problem of dual nationality faced by our country under the new situation. On the issue of Chinese nationality, at the beginning of the founding of the people's Republic of China, the Chinese government adopted a policy of not allowing Chinese to have dual nationality for the sake of the interests of the Chinese people and national security. This did play a positive role at that time; but now, With the improvement of our country's international status, the living environment of overseas Chinese has not been so bad. On the contrary, most of them have strong economic strength, and they have the patriotic heart of investing in the construction of the motherland and contributing to the great cause of the reunification of the motherland. To that end, they were eager to regain Chinese citizenship. In the face of these new circumstances, in the current process of speeding up the peaceful rise of our country, we should adopt the principle of limited recognition of dual citizenship of citizens with a longer-term perspective and with the mind of all rivers in the sea. Only in this way can we satisfy the urgent call of some special groups for dual nationality, and only in this way can we better serve our country. Only by absorbing talents can we create a good international environment for the rapid economic development of our country. On the basis of expounding the basic theory of nationality, this paper makes a detailed study on the conflict of nationality, especially dual nationality, and analyzes the practice of dealing with dual nationality in foreign countries. This paper gives our own analysis and suggestions on the difficulties and concrete solutions to this problem in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D998.8

【引证文献】