 |
(LI SHIGONG) |
Whether China should adopt the dual nationality policy was again mentioned in this year's sessions of the National People's Congress of China (NPC) and the Chinese People's Political Consultative Conference (CPPCC).
The current Nationality Law of China does not recognize dual nationality. Article 8 says that a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality, while Article 9 states that any Chinese national who has settled abroad and who has been naturalized as a foreign national, or has acquired foreign nationality of his own free will, automatically loses Chinese nationality.
In reality, however, some Chinese citizens choose to keep their nationality even after acquiring foreign nationality, composing a case of dual nationality. The topic is of particular concern among Chinese immigrants and overseas students.
China's judicial community is studying regulations in relevant international laws. Some scholars say it is time for China to modify its current Nationality Law and set up a dual nationality system, so as to make it legally possible for talent to move freely between countries. Some scholars argue that the most urgent task facing China is not to recognize dual nationality, but to strengthen legal supervision and prevent dual nationality from becoming a privilege of the few.
Qiao Xinsheng (Legal Daily): China's ban on dual nationality is based on both historical and realistic reasons. Before the late 1970s, a series of anti-Chinese incidents occurred in Southeast Asian countries. At the time, governments in these countries believed that Chinese citizens were less likely to be loyal to their new nations. Worse still, they feared an inflow of Chinese citizens would turn their countries into a Chinese colony. As a result, they adopted a discriminatory policy toward Chinese citizens who stayed in the residence country long enough to have acquired the country's nationality. In extreme cases, governments even encouraged local people to practice violence against the Chinese to drive them out of the country. For the safety of these Chinese citizens and to salvage a relationship with these Southeast Asian nations, the Chinese Government banned dual nationality. This policy has strengthened China's relationship with some of these countries. There is no reason for China to cancel this system or modify it at the moment.
If dual nationality is accepted, some people may try to escape legal obligations by taking advantage of the system. It is said that some NPC deputies and CPPCC representatives have acquired the nationality of foreign countries while at the same time enjoyed political right in China. Their foreign nationality also makes it possible for them to gain favorable treatment that ordinary Chinese citizens do not have access to. If this trend is allowed to continue, China's state power will gradually fall to citizens of foreign nationality, potentially harming ordinary Chinese citizens' legitimate rights and interests.
There are fears that if China does not practice dual nationality policy, some hi-tech talents will stay overseas for life, thus damaging China's scientific and technological development. However, demanding that all overseas students return to China is narrow-minded thinking. Scientists can work anywhere on the globe. As long as they still love their mother country, even if they work in other countries, they can still make contributions to their motherland. If they are forced back to their homeland, overseas students and academicians might encounter difficulties in scientific research because of limited resources or a poor research environment in the home country.
Currently, China is unable to provide an excellent scientific research environment for returned Chinese. When overseas students settle in other countries, it relieves China's heavy employment pressures and allows these students to achieve more in their research. Whether or not dual nationality is recognized is not a problem; the real problem is China's current scientific research environment and management system.
|