我国国籍制度完善法律问题研究
发布时间：2018-07-18 11:27
【摘要】：据了解,华侨散布在世界各地的数量超过四千万,占到全球移民总数的两成多。同时我国已经成为世界最大的留学生输出国,仅2013年一年,我国出国留学人数就超过了40万,而改革开放以来总的出国留学人数已超过300万,在数目庞大的出国留学人数背后,学成回国的人数不超过两成。这些滞留在外的留学生,往往掌握了高精尖端的技术,对于国家而言是不可多得的人才。这些人在国外,往往已经取得外国国籍,但同时,他们在国内的户口还继续保留,甚至有些还办理第二代居民身份证。虽然我国1980年颁布实施的《中华人民共和国国籍法》明确表明我国不承认双重国籍,同时在有关条款中对消除和防止中国公民的双重国籍问题作了具体规定。这些规定在特定的时期内发挥了重要而积极的作用,意义深远。但随着国际合作和交流的日益频繁,国内和国际环境的纷繁变化,使我们面临着新的课题,海内外要求我国承认双重国籍的呼声越来越高,全国人大和政协代表也提出议案对国籍法中不承认双重国籍的原则提出异议,我国在国籍和出入境管理中也面临着一些双重国籍的现实问题。如何针对当前形势,修改现行国籍法中有关处理双重国籍问题的规定,在司法实践中具有重要的意义。 本文从基本理论着手,分三个部分进行阐述：一是从国籍制度的基本概念出发,概述国籍制度的含义；二是以几个典型的实施双重国籍制度的国家为例,分析和研究其双重国籍制度的发展和规则特点,分析其中能为我国所借鉴的经验；三是从我国国籍制度的现状出发,引出国内理论界对国籍制度选择所产生的分歧,分析采用不同制度的利弊,重点阐述现行法律制度在解决双重国籍问题时的不足,最终为完善我国国籍制度,在具体规则设计方面提出了自己的建议。
[Abstract]:It is understood that the number of overseas Chinese scattered around the world more than 40 million, accounting for more than 20% of the total number of global migrants. At the same time, China has become the world's largest exporter of foreign students. In 2013 alone, the number of people studying abroad exceeded 400000. However, since the reform and opening up, the total number of people studying abroad has exceeded 3 million, behind the huge number of people studying abroad. No more than 20% of the students returned home. These foreign students, often mastering high-end technology, is a rare talent for the country. These people often have acquired foreign nationality abroad, but at the same time, their hukou in the country also continues to retain, and some even apply for second-generation resident identity cards. Although the nationality Law of the people's Republic of China promulgated and implemented in 1980 clearly indicates that China does not recognize dual nationality, it also makes specific provisions on the elimination and prevention of dual nationality of Chinese citizens in the relevant articles. These regulations have played an important and active role in a specific period of time and have far-reaching significance. However, with the increasing frequency of international cooperation and exchanges, and the numerous changes in the domestic and international environment, we are faced with new problems, and there is a growing demand at home and abroad for our country to recognize dual nationality. Deputies to the National people's Congress and the Chinese people's political Consultative Conference have also put forward a motion to challenge the principle of non-recognition of dual nationality in the nationality law, and China is also faced with some practical problems of dual nationality in the administration of nationality and entry and exit. It is of great significance in judicial practice to modify the provisions of the current nationality law dealing with the dual nationality problem in view of the current situation. This article starts from the basic theory, divides into three parts to carry on the elaboration: first, from the nationality system basic concept, summarizes the nationality system meaning; second, takes several typical countries which implements the dual nationality system as the example, This paper analyzes and studies the characteristics of the development and rules of the dual nationality system, and analyzes the experience which can be used for reference by our country. Thirdly, from the point of view of the present situation of the nationality system in our country, it leads to the differences in the choice of the nationality system in the domestic theoretical circle. This paper analyzes the advantages and disadvantages of adopting different systems and focuses on the shortcomings of the current legal system in solving the problem of dual nationality. Finally, in order to perfect the nationality system of our country, the author puts forward his own suggestions on the design of specific rules.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D998.8
本文编号：2131762
[Abstract]:It is understood that the number of overseas Chinese scattered around the world more than 40 million, accounting for more than 20% of the total number of global migrants. At the same time, China has become the world's largest exporter of foreign students. In 2013 alone, the number of people studying abroad exceeded 400000. However, since the reform and opening up, the total number of people studying abroad has exceeded 3 million, behind the huge number of people studying abroad. No more than 20% of the students returned home. These foreign students, often mastering high-end technology, is a rare talent for the country. These people often have acquired foreign nationality abroad, but at the same time, their hukou in the country also continues to retain, and some even apply for second-generation resident identity cards. Although the nationality Law of the people's Republic of China promulgated and implemented in 1980 clearly indicates that China does not recognize dual nationality, it also makes specific provisions on the elimination and prevention of dual nationality of Chinese citizens in the relevant articles. These regulations have played an important and active role in a specific period of time and have far-reaching significance. However, with the increasing frequency of international cooperation and exchanges, and the numerous changes in the domestic and international environment, we are faced with new problems, and there is a growing demand at home and abroad for our country to recognize dual nationality. Deputies to the National people's Congress and the Chinese people's political Consultative Conference have also put forward a motion to challenge the principle of non-recognition of dual nationality in the nationality law, and China is also faced with some practical problems of dual nationality in the administration of nationality and entry and exit. It is of great significance in judicial practice to modify the provisions of the current nationality law dealing with the dual nationality problem in view of the current situation. This article starts from the basic theory, divides into three parts to carry on the elaboration: first, from the nationality system basic concept, summarizes the nationality system meaning; second, takes several typical countries which implements the dual nationality system as the example, This paper analyzes and studies the characteristics of the development and rules of the dual nationality system, and analyzes the experience which can be used for reference by our country. Thirdly, from the point of view of the present situation of the nationality system in our country, it leads to the differences in the choice of the nationality system in the domestic theoretical circle. This paper analyzes the advantages and disadvantages of adopting different systems and focuses on the shortcomings of the current legal system in solving the problem of dual nationality. Finally, in order to perfect the nationality system of our country, the author puts forward his own suggestions on the design of specific rules.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D998.8
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