构建移民和出入境管理法律体系的思考

To Build Legal System for Immigration and Exit and Entry Administration

我国目前移民法规范是由刑法、移民管理法律、行政性法律组成的移民和出入境管理法律体系,但移民和出入境管理过程中的法条冲突、非法移民问题,亟待制定相关移民法予以规制。时代发展需要构建符合国家治理体系和治理能力现代化总体目标和重大任务的移民和出入境管理法律体系。通过立法、修法消除法条冲突,完善国家移民和出入境法律体系,形成移民和出入境管理的"闭环"结构,进而制定移民法典以适应形势发展需要。

The prevailing regulations of immigration law are the legal system of immigration and exit-andentry administration which is established on the basis of criminal law,immigration administration law and certain administrative laws.However,the provision conflicts in immigration and exit and entry administration and the issues of illegal immigrants call for the legislation of related immigration law.The development of the times has made it essential to build an immigration and exit and entry administration legal system that should be in line with the major tasks and the overall goals of modernizing national governance and ruling capabilities.The legislation and revision of the laws can resolve the provision conflicts and improve the legal system of immigration and exit and entry so as to constitute a "closed cycle" structure of the system and then formulate codes of immigration law to meet the needs of the situation.