双重国籍制度研究
发布时间:2018-08-12 13:38
【摘要】:全球化时代的到来,国际和国内环境的日益变化,使我们面临着众多新的课题。双重国籍问题做为近年来各国国籍立法变革的焦点,在我国也引起了众多学者和侨界人士的关注。我国是否有必要和可能承认双重国籍,以及采用何种模式承认双重国籍,具体在规则设计上如何安排等都成了探讨的焦点。笔者在总结各家之长的基础上,采用比较分析、历史分析、法条分析、案例分析和法律移植等方法,旨在通过对各国双重国籍制度的研究分析和对比,结合我国国籍制度的现状、背景,设计出符合我国国情的双重国籍制度。 本文从基本理论着手,分三个部分进行阐述:第一部分,研究和分析了双重国籍、双重国籍制度及其历史发展;第二部分,选取有典型意义的实行双重国籍制度的三个国家:美国、德国、意大利,对其双重国籍制度的产生及发展、模式选择和规则设计进行了分析和评述,总结出其中的利弊;最后一部分,分析了我国国籍制度产生的背景和现状,对我国实行双重国籍制度的必要性以及模式选择和具体规则设计提出了自己的看法和建议。
[Abstract]:With the coming of globalization and the change of international and domestic environment, we are faced with many new problems. As the focus of national nationality legislation reform in recent years, the issue of dual nationality has also attracted the attention of many scholars and overseas Chinese in China. Whether it is necessary or possible to recognize dual nationality in our country and what mode it adopts to recognize dual nationality and how to arrange it in the design of rules have become the focus of discussion. On the basis of summarizing the merits of various countries, the author adopts the methods of comparative analysis, historical analysis, legal article analysis, case analysis and legal transplantation, aiming at analyzing and comparing the dual nationality systems of various countries. Combined with the present situation and background of the nationality system in China, the dual nationality system is designed in accordance with the national conditions of our country. This article starts from the basic theory, divides into three parts to carry on the elaboration: the first part, has studied and analyzed the dual nationality, the dual nationality system and its historical development, the second part, This paper selects three countries with typical meaning to implement dual nationality system: the United States, Germany and Italy, analyzes and comments on the emergence and development of dual nationality system, mode selection and rule design, and summarizes the advantages and disadvantages. In the last part, the author analyzes the background and present situation of Chinese nationality system, and puts forward his own views and suggestions on the necessity of implementing dual nationality system, the choice of mode and the design of specific rules.
【学位授予单位】:华东政法大学
【学位级别】:硕士
【学位授予年份】:2012
【分类号】:D998.8
本文编号:2179218
[Abstract]:With the coming of globalization and the change of international and domestic environment, we are faced with many new problems. As the focus of national nationality legislation reform in recent years, the issue of dual nationality has also attracted the attention of many scholars and overseas Chinese in China. Whether it is necessary or possible to recognize dual nationality in our country and what mode it adopts to recognize dual nationality and how to arrange it in the design of rules have become the focus of discussion. On the basis of summarizing the merits of various countries, the author adopts the methods of comparative analysis, historical analysis, legal article analysis, case analysis and legal transplantation, aiming at analyzing and comparing the dual nationality systems of various countries. Combined with the present situation and background of the nationality system in China, the dual nationality system is designed in accordance with the national conditions of our country. This article starts from the basic theory, divides into three parts to carry on the elaboration: the first part, has studied and analyzed the dual nationality, the dual nationality system and its historical development, the second part, This paper selects three countries with typical meaning to implement dual nationality system: the United States, Germany and Italy, analyzes and comments on the emergence and development of dual nationality system, mode selection and rule design, and summarizes the advantages and disadvantages. In the last part, the author analyzes the background and present situation of Chinese nationality system, and puts forward his own views and suggestions on the necessity of implementing dual nationality system, the choice of mode and the design of specific rules.
【学位授予单位】:华东政法大学
【学位级别】:硕士
【学位授予年份】:2012
【分类号】:D998.8
【引证文献】
相关期刊论文 前1条
1 屈可伸;;浅析我国双重国籍制度[J];金田;2013年08期
,本文编号:2179218
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