The Right to Leave and Return and Chinese Migration Law

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Martinus Nijhoff Publishers, 2007 - Political Science - 428 pages
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.
 

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Contents

Chapter One Introduction
1
Chapter Two Foundations of the Right to Leave and ReturnRLR
11
Chapter Three RLR in International Migration Law
45
Chapter Four Driving factors of RLR in China
95
Chapter Five Historical Development of Chinese Regulatory Framework Governing RLR
129
Chapter Six The Right to be Granted a Passport in China
165
Chapter Seven The Right to Leave of Chinese Citizens
185
Chapter Eight The Right to Return to China
207
Appendix Five Functions of Foreign Affairs Departments in Relation to Exit and Entry Administration
340
Appendix Six Functions of Border Security Check and Administration
343
Appendix Seven Functions of Hong Kong and Macao Affairs Offices Taiwan Affairs Offices and Overseas Chinese Affairs Offices in Relation to Exit...
345
Appendix Eight Functions of Departments Responsible for Emigration Intermediary Agencies
347
Appendix Nine Functions of Other Responsible Governmental Departments in Relation to Exit and Entry Administration
350
Appendix Ten Functions of Other Departments and Units in Relation to Exit and Entry Administration
352
Appendix Eleven Merits Review of Administrative Decisions Concerned the Imposition of Penalties on Exit and Entry
355
Appendix Twelve Merits Review of Administrative Decisions Concerned the Processing of Applications for Exit and Entry
359

Chapter Nine The Right of Travelling to or from the HKSAR MSAR and Taiwan
235
Chapter Ten Chinese Emigration Intermediary Agency Laws
255
Chapter ElevenChinese Exit and Entry Administrative System
275
Chapter Twelve The Need to Protect RLR in China the Factors in Favour and Resolving Practical Concerns against it
287
Chapter Thirteen Recommendations and Conclusions
309
Appendix One The Structure of the Chinese State Organisations
325
Appendix Two Merits Review of Administrative Decisions under Chinese Administrative Laws and Administrative Procedure Laws
326
Appendix Three Admission Criteria of Chinese Emigration Intermediary Agencies
328
Appendix Four Functions of Public Security Departments in Relation to Exit and Entry Administration
332
Bibliography One Bibliography in Chinese
365
Bibliography Two Bibliography in English
372
Table of Cases
389
List of Chinese Statutes
391
List of Other States and Regions Statutes
414
List of International Instruments
419
Index
421
Copyright

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About the author (2007)

Guofu Liu, Ph.D. (2005, University of Technology, Sydney) is Lecturer of Law, China University of Mining and Technology, Associate Professor of Law and Director of Australian Law Research Center, Shantou University

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