The right to leave and return and Chinese migration law / Geoffrey Liu.

Format:

Book

Author/Creator:

Liu, Guofu.

Series:

Nijhoff eBook titles 2007

Language:

English

Subjects (All):

Expatriation--China.

Expatriation.

Repatriation--China.

Repatriation.

Freedom of movement--China.

Freedom of movement.

Freedom of movement (International law).

Physical Description:

1 online resource (448 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff, c2007.

Language Note:

English

Summary:

Although the Right to Leave and Return (RLR) is a fundamental human right, each State has the sovereign right to regulate RLR in accordance with its own laws. In the case of China, the country’s communist political system has significantly affected the development of RLR and the country’s approach to it. As a rule, China’s approach is restrictive. As part of its reform and ‘opening up’ policies, China has embarked on a range of reforms to liberalise RLR, but the reforms lack cohesion and focus, and remain restrictive. Given its past and its complex social and economic conditions, China may have some justifications for its approach, but on balance, has more to gain from adopting a more liberal approach. The issue of RLR in China is crucial both for the future of China, and for development of RLR in the world. The Right to Leave and Return (RLR) and Chinese Migration Law provides a comprehensive and systematic review of the RLR in international and Chinese migration law. It has been written on the basis of Chinese statutes pertinent to the RLR, also of relevant international instruments and key cases. It investigates RLR in international migration law and practice; analyses RLR in the context of China, and identifies its driving factors; investigates the conditions and practical concerns relevant to the protection of RLR; and concludes with recommendations on how the Chinese regulatory regime governing RLR can be improved.

Contents:

Preliminary Material

Chapter One. Introduction

Chapter Two. Foundations of the Right to Leave and Return(RLR)

Chapter Three. RLR in International Migration Law

Chapter Four. Driving Factors of RLR in China

Chapter Five. Historical Development of Chinese Regulatory Framework Governing RLR

Chapter Six. The Right to Be Granted a Passport in China

Chapter Seven. The Right to Leave of Chinese Citizens

Chapter Eight. The Right to Return to China

Chapter Nine. The Right of Travelling to or from the HKSAR, MSAR and Taiwan

Chapter Ten. Chinese Emigration Intermediary Agency Laws

Chapter ElevenChinese. Exit and Entry Administrative System

Chapter Twelve. The Need to Protect RLR in China, the Factors in Favour, and Resolving Practical Concerns against It

Chapter Thirteen. Recommendations and Conclusions

Appendix One. The Structure of the Chinese State Organisations

Appendix Two. Merits Review of Administrative Decisions under Chinese Administrative Laws and Administrative Procedure Laws

Appendix Three. Admission Criteria of Chinese Emigration Intermediary Agencies

Appendix Four. Functions of Public Security Departments in Relation to Exit and Entry Administration

Appendix Five. Functions of Foreign Affairs Departments in Relation to Exit and Entry Administration

Appendix Six. Functions of Border Security Check and Administration

Appendix Seven. Functions of Hong Kong and Macao Affairs Offices, Taiwan Affairs Offices and Overseas Chinese Affairs Offices in Relation to Exit and Entry Administration

Appendix Eight. Functions of Departments Responsible for Emigration Intermediary Agencies

Appendix Nine. Functions of Other Responsible Governmental Departments in Relation to Exit and Entry Administration

Appendix Ten. Functions of Other Departments and Units in Relation to Exit and Entry Administration

Appendix Eleven. Merits Review of Administrative Decisions Concerned the Imposition of Penalties on Exit and Entry

Appendix Twelve. Merits Review of Administrative Decisions Concerned the Processing of Applications for Exit and Entry

Bibliography One Bibliography in Chinese

Bibliography Two Bibliography in English

Table of Cases

List of Chinese Statutes

List of Other States and Regions Statutes

List of International Instruments

Index.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-281-45824-4

9786611458249

90-474-1185-4

OCLC:

238862359

Publisher Number:

9789004156142