중국 국적회복절차 규정을 통하여 본 중국 국적법에 관한 소고

Abstract

With growing interest in mitigation of Nationality or citizenship requirements and establishment of recent immigration hall, the statistics show that the case of acquiring Korean nationality by foreigners is increasing suddenly. By 2000 the newly Korean nationality holder recorded just 34 people, but since 2001 through the end of 2010 the number has surged 9816 on an annual average. Among them, naturalization of Chinese Korean due to marriage or mitigation of requirements for naturalization of Chinese Korean accounted for 34% of the total, and since 2005 through August 2010, at the sight of foreigners and Chinese applied for Korean citizenship, the proportion of Chinese people has risen to 81.5 percent overall recording the 73,184 people of the total 89,695 applicants. Meanwhile, the number of people who once acquired Korean nationality but due to reason of divorce or the other want to restore their Chinese nationality is increasing, however, many people failed to restore nationality because of Chinese Nationality Law, so they still remain as Korean national. There are a growing number stateless persons who had acquired Korean nationality but were found to be invalid in Korean nationality acquisition for reasons such as fake marriages. This is because Chinese Nationality Act have no provisions of re-acquiring their nationality or citizenship, including a grace period of abandonment of regulations. Chinese Nationality Law, conducted the 10th of September 1980, since then, is the basis for the acquisition, the loss, and recovery of Chinese nationality. Chinese Nationality Law does not allow dual citizenship in the Chinese, so the continued objections to the strict restrictions on dual nationality are raised in China. It was found that exchanges between China and foreign countries were not active when the Act was enacted, but 30 years later, now more than ever of the Chinese overseas became active period. With long-term study abroad or business travel, visit relatives, marriage, Chinese people need to take long-term residence in a foreign country and an increasing number of foreign nationality is acquired, but the Chinese Nationality Law does not recognize dual nationality, they have no choice but to choose a foreign nationality. The voices it could lead to eventually advanced human loss are rising, and there were pros and cons in allowing dual citizenship. Some people argue that dual citizenship be allowed in order to avoid nationality conflict, but other people strongly maintain strictly limit the provisions of dual citizenship. In addition, according to the Chinese Nationality Law, if Chinese nationals get to acquire foreign nationality, they immediately face loss of nationality in China, so when a person got married then divorced, the procedure to regain the citizenship is difficult, in that case the only way of restoring nationality is to request restoration. Meanwhile, in Chines Nationality Law, a total of just over 18 provisions of the rule is present regulations, and they have no the State Council administrative rules and regulations and Implementation Regulations of class regulated sectors such as Ministry of Public Security is not enacted, there are limitations on legal stability and clarity. In particular, the Chinese Nationality Act designates main application agencies to restore nationality as enforcement agency of local government and county or foreign public authorities but, its approval belongs to the Ministry of Public Security, leading to unclear procedures and responsibilites. Ministry of Public Security and consular offices abroad be able to delegate its powers but also the legal basis is not clear. Recovery process for obtaining citizenship needs strict requirements and complication, time-consuming Chinese government has introduced permanent residence certificate system ( 'Green Card' system) to resolve these issues in August 2004 . This paper is (that) I want to introduce the specific related Chinese national recovery and regulations laws, and specific procedures. In addition, I try to investigate a feature of Chinese nationality law focused on the problem of recovery procedures in nationality law and the improvement in the discussion the Chinese Nationality Law.