论我国实行双重国籍的必要性 [2]
论文作者:www.51lunwen.org论文属性:作业 Assignment登出时间:2013-09-13编辑:yangcheng点击率:11223
论文字数:1233论文编号:org201309122244521927语种:英语 English地区:中国价格:免费论文
关键词:双重国籍相关政策
摘要:当今世界,全球一体化不断加强,世界各国联系日益紧密,人才流动日益全球化,全球进入一个人才竞争的时代。越来越多的国家为吸引高层次的人才纷纷明确或默认承认双重国籍。由于我国现行的国籍法不承认双重国籍,很难吸引海外华人华侨中的高层次人才为我所用,如今在我国迫切需要高层次人才的形势和海内外要求承认双重国籍的等的呼声越来越高的情形下,我国实行双重国籍是必要的和切实可行的。本文将对双重国籍的利弊及我国实行双重国籍的必要性和可能性进行论证。
ationality is a foreigner , can only enjoy and assume a specific legal provisions of the country of the rights and obligations of , if not the right to vote and stand for election , does not undertake military service obligation with ② .
( 3 ) the exercise of jurisdiction to the country of nationality is important, individuals have the nationality of a country , that country has the jurisdiction and control of his powers is a person of their nationals who have superior right , no matter where they are nationals , unless the international outside the treaty otherwise provides , the people who have to obey the country is superior right . Countries have to protect their legitimate rights and interests of people in a foreign obligations.
( 4 ) citizenship is a personal ties that bind with international law , in principle, is a subject of international law individuals , but individuals are entitled to citizenship under international law through its own right and thus bring him benefits required by international law and assume the obligations of their own and then give him bring the relevant obligations.
Dual citizenship is when a person has both a legal nationality of both countries state . Two countries in accordance with their national law thought he ( she ) is the country's nationals or citizens. Under normal circumstances, a natural person should be and there should be only one nationality, the nationality because there is no uniform rule of international law , the original acquisition of nationality in some countries adopted jus sanguinis , some countries adopted jus soli , and most of the country will be two standard combined with its one standard based, or the balance of adopting both . Nationality Act of sovereign states is taken to obtain different nationalities principle of nationality to obtain a variety of legislative provisions , there was a contradiction between diversity and often there will be conflicts of nationality , citizenship conflict into positive and negative conflict conflict , conflict that is a positive person with two or more simultaneously nationality , nationality conflict will result in a negative phenomenon of stateless people . Belongs to the positive dual nationality conflicts and conflict , almost all circumstances or to acquire a nationality and how they are likely to produce the combination of dual nationality , and the generation of dual citizenship because of the following aspects:
( 1 ) by birth occurred . Adopt the principle of jus sanguinis citizens of countries in the use of the principle of jus soli children born within the country , was born with dual nationality , and have their parents ' nationality and place of birth nationality , then the world's most commonly produced dual nationality situation . Of overseas Chinese living abroad with dual nationality in a considerable part of the reason is in the history of China adopted a principle of jus sanguinis , while others lived in adopting a principle of jus soli . Thus, in these countries, children born overseas have both China and the host country 's nationality. If both parents as citizens of two different countries , the two countries have adopted the principle of jus sanguinis , and the mother of countries have adopted the principle of jus sanguinis dual cases, they either country in children born with dual nationality at birth that the father's nationality and mother 's nation
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