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留学生作业代写:Protection of the rights of overseas citizens

2017-09-07 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Protection of the rights of overseas citizens,供大家参考学习,这篇论文讨论了海外公民的权利保障。海外公民,指的是长期定居、短期旅居或定期移居外国的本国籍人士。国民是整个主权之本源,保护海外公民是各国政府的一项公共职能,虽然现代政府已非单纯的公共事务机关,但公共职能的履行是其赖以存在和执行其他职能的前提,也是政府活动的根本目的之一。而领事保护和外交保护则是母国进行海外公民保护最重要的两大机制。

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The dual status of overseas citizens, instead of creating more freedom and security for them, has created a greater obstacle to the maintenance of their rights in the conflict of principles. Since 21st century, the personal and property of overseas citizens have been impacted by the traditional and non-traditional emergencies, and the overseas interests have been paid great attention by each country, and thus strengthened the rule of law and the design of foreign law in the country. In addition, the formation of a complex international human rights monitoring and protection mechanism on the basis of international human rights conventions has both advantages and disadvantages for the protection of overseas citizens. Therefore, we must come up with three dimensions to develop the legal thinking and the rule of law.

Overseas citizens refer to local nationals who have settled permanently, lived in short term or regularly emigrated to foreign countries, such as expatriates, international students and visiting scholars, overseas travellers, overseas business and labour personnel, foreign officials and military personnel. Overseas citizens treat them as foreigners in the country of residence, while the State of nationality treats them as nationals, however, the dual status of this kind of cross-border "mixing" has not created more freedom and security for overseas citizens, but rather in national sovereignty, legal jurisdiction, national treatment, The conflict of principles of international legality, such as minimum human rights, has created greater obstacles to the protection of overseas citizens ' rights.

Since 21st century, the overseas interests of all countries have been becoming more and more long, while the personal and property of overseas citizens have often suffered the impact of traditional and non-traditional events, so it is urgent to deal with them from the aspect of the rule of law. The legal protection of overseas citizens ' rights is not only concerned with national law, it is also concerned with international law that, although the legal system of various countries follows certain common international human rights standards in a certain extent and scope, it is this inconsistency that leads to the differentiation of laws and systems in the protection of the rights and interests of overseas citizens by the home Law and foreign law, In order to derive more complicated legal conflicts, it is necessary to expand and think carefully on the three-dimensional path respectively.

The national system is the origin of the whole sovereignty, the protection of overseas citizens is a public function of governments, although the modern government is not pure public affairs organs, but the performance of public functions is the prerequisite for its existence and implementation of other functions, is also one of the fundamental purposes of government activities. This principle can be traced back to the "father of the Law of Nature" Grotius, whose concept is that the ultimate existence of rules governing the organization and conduct of States is based on the real interests of each of the right volunteers, and even advocates that it is just right to resort to war in order to prevent the country from abusing its people Safeguarding national security and safeguarding civil rights as the foundation of government functions, although there is a certain tension between public and private interests, as Locke uses "trust" to define the relationship between the State and its citizens, the government must not rely on the border to discredit the people, and the challenges to national security come from both internal and external sources, including territorial disputes, With the encroachment of sovereignty, economic resources and economic interests, the subversion of legal system, the infiltration of ideological hostility, and the threat of security to overseas citizens, governments in today's countries have gradually strengthened the government functions of protecting overseas citizens under the "overall national security concept".

In the system, the United States to maintain the interests of overseas citizens are mainly the State Council and all embassies, consulates, each foreign agency must establish an emergency action committee, its biggest responsibility is to protect the United States overseas citizens. There's also a consular office in the State Department. The Agency's Overseas Citizenship Service consists of three offices: the United States Office of Civic services and crisis management, the Office of Child Affairs and the Office of Legal Affairs, and the Office of Civil Service and crisis management, which is specifically responsible for assisting U.S. citizens in the following matters: National death, arrest, disease, injury, and traffic accidents, natural disasters, civil unrest, deportation. In addition, other areas of assistance such as real estate, personal property, voting rights and the acquisition and loss of citizenship of the referee are provided.

Consular protection and diplomatic protection are the two most important mechanisms for overseas citizen protection in the home country. The literature of international law does not give the two a clear definition, however, in accordance with article 5th of the Vienna Convention on Consular Relations of 1963, consular protection means that a consular or consular officer of a State, in accordance with its national interests and foreign policy, within the limits permitted by international law, in accepting domestic protection of the rights and interests of the sending State and its nationals, These benefits include, inter alia, physical security and property security, legal residency, legal employment rights, statutory social welfare, humanitarian treatment, and the right of the parties to maintain normal liaison with their home country embassies and consulates. The function of consular protection is to assist or assist overseas citizens only by reflecting the requirements and recommendations to the host countries, and by urging fair and just and proper handling of such soft forms, which are obviously of limited importance in safeguarding the rights of overseas citizens.

and diplomatic protection, under article 3rd of the Vienna Convention on Diplomatic Relations of 1961, refers to the violation by a State of its nationals as a result of an internationally wrongful act of another State and, in accordance with the laws of the state in which all local administrative and judicial remedies have been exhausted, (a) Take diplomatic or other lawful means to resolve the dispute on behalf of the state. The state's diplomatic protection of its nationals, including the imposition of relief or responsibility on the foreign country, is generally divided into diplomatic and judicial action: diplomatic action, such as representations or protests to the internationally wrongful act, investigation or negotiation of a dispute resolution, and imposition of sanctions, etc. Judicial action includes recourse to international judicial bodies such as the International Court of Justice or other international arbitral bodies. Diplomatic protection is an important embodiment of human jurisdiction, essentially a system of dealing with the relations between sovereign States, the transfer of events between the receiving State and the nationals of the sending State into a matter between two states, regardless of whether the national citizen makes a request, the State may make its own decision to protect or refuse protection.

Although the same as the guarantee mechanism for overseas citizens ' rights, diplomatic protection and consular protection are fundamentally different: diplomatic protection is directed against foreign wrongful acts and takes measures to hold the responsibility of foreign States. Consular protection is not aimed at the state, but in assisting its nationals to apply local remedies, such as ordinary civil disputes or criminal cases, even when the interests of national citizens or legal persons have not been violated by the reality, consular protection can be implemented. In this sense, consular protection can prevent the receiving State from committing an internationally wrongful act and avoid raising the issue of disputes between States. Diplomatic protection is exercised in the name of the state, and consular protection is not always exercised in the name of the state, and in some cases more directly represents the act of a protected citizen or legal person.

For the exercise of diplomatic protection, the State has discretionary power without the need for the protection to make a request or to obtain the consent of the protected person. Consular protection is generally a country's foreign embassies and consulates should be protected by the citizen or legal person's request or after its consent to be provided. Thus, the very harsh conditions of diplomatic protection, which have led to less use in practice so far, and the effectiveness of consular protection on the basis of internal and external obstacles, such as the establishment of more than 80 consular institutions in 193 United Nations Member States, and only 39 in Asia, Africa and South America, Our country includes more than 150 cadres of the Consular division of the Ministry of Foreign Affairs and more than 600 staff members stationed in consular posts abroad who are responsible for the work of overseas Chinese affairs, with a total of 750 persons, with fewer consular protectors, even if roughly calculated at present, every consular officer stationed abroad in our country is serving 180,000 overseas This number is 30 times in the United States, and if specific to individual embassies and consulates work much more than that average.

At the same time, no other country in the world has enacted a separate act on consular protection. Therefore, as a public function at the core of the democratically elected government, the home country should be duty-bound to actively act in the vital overseas civil Rights protection legal system, system and mechanism, and because of human rights development and the responsibility to protect both the role of the State and the role of non-state actors, so in safeguarding the interests The state should also focus on enhancing exchanges and cooperation with non-governmental organizations, business institutions and professionals.

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