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Abstract:From the enactment of the Nationality Law of the People’s Republic of China up to the present, ithas played a positive role for 26 years. With the development of international communication and opening, thecurrent administration model of nationality has shown some defects. The Nationality Law of the People’s Republic ofChina is a self-contained system and we can not deal with the special cases from other laws. Hence, we shouldimprove and perfect the Nationality Law of the People’s Republic of China. At the same time, we should enforce thelaw to the standard.英语论文网 www.51lunwen.org
Key Words:Exit-Entry Administration; The Nationality Law of the People’s Republic of China; DualNationality; Authorize

摘　要:《中华人民共和国国籍法》公布实施至今已二十六年。随着我国对外开放的进一步发展,国际交往日益增多,新的国籍问题也时有出现。由于《国籍法》独立性较强,在司法实践中,一些特殊案例又无法借用其他相应的法律,因此,迫切需要对《国籍法》加以完善和修改,同时还要规范执法。　　　　
关键词:出入境;国籍法;双重国籍;审定

On September 10, 1980, the National People's Congress approved the fifth meeting issued the nationality law of the People's Republic of China (hereinafter referred to as the nationality law "). 26 years in the judicial practice, in the nationality of the law, met many new situations and new problems. The nationality law "is one of the important national law, is dealing with the basis of nationality. Therefore, to perfect and revision of existing "of nationality law to adapt to the needs of the exit and entry work.
1980年9月10日,全国人民代表大会第五届会议批准颁布了《中华人民共和国国籍法》(以下简称《国籍法》)。在二十六年的司法实践中,在国籍的认定上,遇到了许多新情况和新问题。《国籍法》是国家的重要法律之一,是处理国籍问题的依据。因此,要及时完善和修改现有的《国籍法》,以适应新时期出入境管理工作的需要。
一、现行《国籍法》中相应法规存在的问题 With China's opening up the development of the situation, people's living and nationality idea produced change, some Chinese through the technology, and trust in, transnational migration marriage normal channel moved overseas, to join and get foreign nationality; But also have a few personnel through illegal exit and illegal entry in other countries or purchase a foreign passport is not normal channels and obtain foreign passport and nationality; In addition, some people also belongs to the multinational marriage children, they often choose the nationality of the nationality law and our country depends on the nationality law ruling, etc. In the nationality of the examination and approval by the new problems, we have the following four categories:
随着我国对外开放形势的发展,人们的居住和国籍观念发生了变化,一些中国人通过技术移民、亲友投靠、跨国婚姻等正常渠道移居海外,加入并取得外国国籍;但也有少数人员通过非法出境、非法进入他国或购买外国护照等不正常渠道,取得外国护照和国籍;另外,还有些人是属于跨国婚姻子女,他们的国籍选择往往取决于该国的国籍法和我国国籍法的裁定等情况。在国籍审定中所引发新的问题,大致有以下四类:
（一）因出生地不同,客观上造成双重国籍的问题 For the children of the nationality that problem, the our country present the nationality law provisions of article 4 "parents are both Chinese nationals or one, I was born in China, have Chinese nationality"; The provisions of article 5 "parents are both Chinese nationals or one and settled in foreign countries, I was born with foreign nationality, do not have Chinese nationality"; The provisions of article 6 "parents stateless or settled in China, I was born in China, have Chinese nationality". We think, the above three Chinese nationality in accordance with the definition of tight enough, easy to cause ambiguity. Although related ministries in the nationality law after promulgated, established some regulations, but it still shows insufficient, easy to produce nationality in some populations conflict problem. Mainly displays in the following aspects:
对于儿童国籍的认定问题,我国现行《国籍法》第4条规定“父母双方或一方为中国公民,本人出生在中国,具有中国国籍”;第5