Laws Protecting the Rights and Interests of Returned Overseas Chinese and Their Relatives: Their Relevance and Adaptation
Over the last 20 years, and the last decade in particular, the distinctive features of returned Overseas Chinese and their relatives in China have gradually become less so. As China has made enormous strides with laws to protect the rights and interests of all citizens, the legal principles underlying China’s 1990 Law on the Protection of the Rights and Interests of Returned Overseas Chinese and their Relatives (revised 2000) are facing significant challenges. The best way to address these challenges is first to rethink the 1990 Law comprehensively. Under one proposal, the principle of ‘equal and non-discriminatory treatment’ could be given greater emphasis to emphasize the equality of all citizens. The principle of ‘case-specific and preferential treatment’ for returned Overseas Chinese and their relatives embodied in the 1990 Law, on the other hand, might be gradually reduced in importance, ultimately to be replaced with laws that ‘foster integration’ of these persons into Chinese society. Further, when possible, legislative proposals for a law of fostering integration of returned Overseas Chinese and their relatives should be put on the governmental agenda.
KeywordsPreferential Treatment Chinese Student Disadvantaged Group Compulsory Education Private House
- Consular Department of Ministry of Foreign Affairs. (2009). Do you know Chinese consular protection and service?’ (Nin Liaojie Zhongguo Lingshi Baohu He Fuwu Ma?). http://www.people.com.cn/GB/paper39/9412/871581.html. Accessed 27 Dec 2009.
- Department of Policy and Research, State Council Overseas Chinese Affairs Office. (2009). The collection of the reports of research projects of the State Council Overseas Chinese Affairs Office. (Guowuyuan Qiaoban Keti Yanjiu Chengguo Jicui). Beijing: State Council Overseas Chinese Affairs Office.Google Scholar
- Lin, Jun. (2008, September 25). To develop with the reform and opening, to honor the Great Rejuvenation of the Chinese Nation: Speech at the Celebration Congress of Overseas Chinese and Ethnic Chinese and the 30 Years of China Reform and Opening (Yu Zhongguo Gaige Kaifang Tong Fazhan Yu Minzu Weida Fuxing Tong Rongyao: Zai Huaqiao Huaren Yu Zhongguo Gaige Kaifang 30 Nian Jinian Dahui Shangde Yanjiang).Google Scholar
- Ministry of Public Security, China. (2009). Bureau of Exit and Entry Administration, Ministry of Public Security. China actively responds to the proposals and bills submitted in the National People’s Congress and China People’s Political Consultation Congress (Gonganbu Churujing Guanliju Jiji Banli Lianghui JIanyi Tian Gongzuo). http://www.sqga.gov.cn/shownews.asp?id=6879. Accessed 28 Dec 2009.
- Plender, R. (1988). International migration law, revised (2nd ed.). Leiden/Bosten: Martinus Nijhoff Publishers.Google Scholar
- Robinson, V. (1999). Migration and public policy. Cheltenham: Elgar Publishing.Google Scholar
- Shu, Ran. (2009). Pay closer attention to special groups and effectively protect the rights and interests of overseas Chinese: Highlights of the field survey report on implementation of the 1990 law (revised 2000) in Jiangxi Province Conducted by the Overseas Chinese Committee of the Standing Committee of the National People’s Congress (Guanzhu Tesu Qunti Qieshi Weihu Qiaoyi: Quanguo Renda Huaqiaowei 2009 Zai Gan Diaoyan Zhonghua Renmin Gongheguo Guiqiao Qiaojuan Quanyi Baohu Fa Guance Shishi Qingkuang Ceji). Host of the Age (Shidai Zhuren), 11, 26–27.Google Scholar
- Su, Xuefeng. (2011, January 13). 382 million persons exited and entered China in 2010 (2010 Nian Woguo Churujing Renyuan Da 3.82Yi Renci). People’s Public Security Daily.Google Scholar
- Yang, Haikun, & Cao, Daquan. (2007). The study of the constitutional status of disadvantaged groups (Ruoshi Qunti De Xianfa Diwei Yanjiu). Law Science, 4, 7–35.Google Scholar
- Zhou, Nanjing. (2003). Introduction to overseas Chinese and ethnic Chinese (Huaqiao Huaren Gailun). Hongkong: Hongkong Social Science Press.Google Scholar
- Zweig, David, Chung, Siufung, & Vanhonacker, Wilfried. (2006). Rewards of technology: Explaining China’s reverse migration. Journal of International Migration and Integration, 4, 449–471.Google Scholar