试论外国人在出入境管理中的法律地位
发布时间：2019-02-19 12:42
【摘要】： 全球化的趋势必然带来人员流动的国际化,这是不可阻挡的历史潮流。人员流动的国际化,面临的首要问题就是公民的迁徙自由问题。作为公民的一项不可剥夺的基本人权,公民在一国境内的迁徙自由为世界很多国家的宪法或宪法性文件所确认,在国际人权公约中也有的广泛规定。而对于公民在国际间的迁徙自由,无论是在国内法层面,还是在国际法层面,都缺乏充分的保护,成为制约人员流动国际化的重要因素。 外国人出入本国国境问题,属于一国主权事项。各国在制定外国人出入境法规政策时,无不评估政策内容对国家主权、安全和利益的影响。特别是当前非法移民和跨境恐怖活动形势依然严峻,如何在确保外国人合法出入境权益的同时,有效打击非法移民和国际恐怖分子成为各国移民机关所面临的重要课题。各国近年来根据形势的发展变化对出入境(移民)管理法规政策进行了频繁的修订,对外国人在出入境管理中的权利义务体系作了进一步完善。 近年来,来华外国人日益增多,与我国经济社会发展的关系也越来越密切,同时,外国人非法入境、非法就业、非法居留等问题也进一步突出。我国现行的《中华人民共和国外国人入境出境管理法》制定于1985年,很多规定已远远滞后于形势发展的需要,需要更为完善的权利义务体系来规范外国人出入境活动。 本文拟在明确相关概念及其范畴的基础上,分析影响外国人在出入境管理中法律地位的两个原则:以自由迁徙权为核心的外国人出入境权益保护原则和国家利益原则,解读国际条约和有关国家移民法中外国人出入境管理的具体规则,系统地分析外国人在入境、居留、出境等各阶段的权利和义务。在此基础上,本文将阐述我国关于外国人在出入境管理中的法律地位的理论和实践,通过比较研究等方式,从基础理论研究和具体制度设计两个层面分析外国人在我国出入境管理中的法律地位体系存在的问题并提出完善建议。
[Abstract]:The trend of globalization will inevitably bring about the internationalization of personnel flow, which is an irresistible historical trend. The most important problem faced by the internationalization of personnel mobility is the freedom of movement of citizens. As an inalienable basic human right of citizens, the freedom of movement of citizens in a country is recognized by the constitutions or constitutional documents of many countries in the world, and is also widely stipulated in international human rights conventions. However, there is a lack of adequate protection for citizens' freedom of movement in the international community, both at the level of domestic law and international law, which has become an important factor restricting the internationalization of human mobility. The question of the entry and exit of foreigners into and out of their own country belongs to the sovereignty of a State. All countries evaluate the influence of the policy content on national sovereignty, security and interests when formulating immigration laws and regulations for foreigners. Especially, the current situation of illegal immigration and cross-border terrorist activities is still grim. How to effectively crack down on illegal immigrants and international terrorists while ensuring the legitimate rights and interests of foreigners has become an important issue for immigration authorities in various countries. In recent years, according to the development and changes of the situation, countries have frequently revised the immigration (immigration) management regulations and policies, and further improved the system of the rights and obligations of foreigners in the immigration management. In recent years, the number of foreigners coming to China is increasing, and the relationship with our country's economic and social development is getting closer and closer. At the same time, the problems of illegal entry, illegal employment and illegal residence of foreigners are also becoming more and more prominent. The present Law of the people's Republic of China on the Administration of foreigners' entry and exit was formulated in 1985. Many provisions have lagged far behind the needs of the development of the situation, and a more perfect system of rights and obligations is needed to regulate the entry and exit activities of foreigners. On the basis of defining the relevant concepts and their categories, this paper analyzes two principles that affect the legal status of foreigners in the immigration administration: the principle of protecting the rights and interests of foreigners entering and leaving the country with the core of the right of free movement and the principle of national interests. This paper interprets the specific rules of entry and exit administration of foreigners in international treaties and immigration laws of relevant countries, and systematically analyzes the rights and obligations of foreigners in all stages of entry, residence and exit. On this basis, this paper will expound our country's theory and practice on the legal status of foreigners in the entry and exit management, by means of comparative study, etc. This paper analyzes the problems existing in the legal status system of foreigners in China's entry and exit administration from the two aspects of basic theoretical research and specific system design and puts forward some suggestions for perfection.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.46
本文编号：2426509
[Abstract]:The trend of globalization will inevitably bring about the internationalization of personnel flow, which is an irresistible historical trend. The most important problem faced by the internationalization of personnel mobility is the freedom of movement of citizens. As an inalienable basic human right of citizens, the freedom of movement of citizens in a country is recognized by the constitutions or constitutional documents of many countries in the world, and is also widely stipulated in international human rights conventions. However, there is a lack of adequate protection for citizens' freedom of movement in the international community, both at the level of domestic law and international law, which has become an important factor restricting the internationalization of human mobility. The question of the entry and exit of foreigners into and out of their own country belongs to the sovereignty of a State. All countries evaluate the influence of the policy content on national sovereignty, security and interests when formulating immigration laws and regulations for foreigners. Especially, the current situation of illegal immigration and cross-border terrorist activities is still grim. How to effectively crack down on illegal immigrants and international terrorists while ensuring the legitimate rights and interests of foreigners has become an important issue for immigration authorities in various countries. In recent years, according to the development and changes of the situation, countries have frequently revised the immigration (immigration) management regulations and policies, and further improved the system of the rights and obligations of foreigners in the immigration management. In recent years, the number of foreigners coming to China is increasing, and the relationship with our country's economic and social development is getting closer and closer. At the same time, the problems of illegal entry, illegal employment and illegal residence of foreigners are also becoming more and more prominent. The present Law of the people's Republic of China on the Administration of foreigners' entry and exit was formulated in 1985. Many provisions have lagged far behind the needs of the development of the situation, and a more perfect system of rights and obligations is needed to regulate the entry and exit activities of foreigners. On the basis of defining the relevant concepts and their categories, this paper analyzes two principles that affect the legal status of foreigners in the immigration administration: the principle of protecting the rights and interests of foreigners entering and leaving the country with the core of the right of free movement and the principle of national interests. This paper interprets the specific rules of entry and exit administration of foreigners in international treaties and immigration laws of relevant countries, and systematically analyzes the rights and obligations of foreigners in all stages of entry, residence and exit. On this basis, this paper will expound our country's theory and practice on the legal status of foreigners in the entry and exit management, by means of comparative study, etc. This paper analyzes the problems existing in the legal status system of foreigners in China's entry and exit administration from the two aspects of basic theoretical research and specific system design and puts forward some suggestions for perfection.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D631.46
【引证文献】
相关硕士学位论文 前6条
1 陆才纯;我国出入境管理体制改革研究[D];中国政法大学;2011年
2 罗超群;民国时期外人出入境管理初探[D];湖南师范大学;2011年
3 赵海清;日本对外国人的管理研究[D];外交学院;2011年
4 国向东;我国出入境管理制度的反思与完善[D];黑龙江大学;2010年
5 韩冬梅;签证法律制度研究[D];大连海事大学;2009年
6 梁家全;人员流动的全球化与我国外国人入出境管理对策研究[D];汕头大学;2010年
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