中国出入境管理体制的抉择

On Alternative System of Exit-Entry in China

近年来,出入中国边境口岸的人员和货物陡增,与国际社会出入境管理体制相比较,中国的出入境管理体制还欠完善。具体表现为专属中央管理的出入境事务由各级公安部门代为管理,公安部门的属地管辖、多层管理导致区域化壁垒、政令不畅;同时,公安、外交部门在护照管理上信息不通,多头执法,易产生管理漏洞。为与国际移民法接轨构建科学的出入境管理体制,中国应尽早出台《出入境法》;改革现有的多头管理体制,争取在北京奥运会前,逐步将全国出入境管理统一置于中央政府监管之下;利用《护照法》刚刚出台之契机,统一出入境证件种类和发放程序,增加并细化签证类别,简化出入境手续;重视人员素质提升,实现从管理职能向服务职能的目标转变。

Since China adopted the ＂opening-up＂ policy, the number of people passing through China＇s borders has tremendously increased. This new situation has challenged the current Chinese border-control system, which has exposed some defects in the current circumstances. Furthermore, Beijing will host the 29th Olympics in 2008 when more foreigners may come to China. China has the duty to guard against international terrorists and other criminal activities, as well as to ensure that the Beijing Olympic Games can be carried out safely. What measures should China take to reform its current Exit-Entry system seems a tough issue for the Chinese government to deal with. On the occasion of the drafting of the new Exit-Entry Law of PRC, legislators are convinced that it might be meaningful to pay more attention to the reform of the China＇s Exit-Entry system and give helpful suggestions on such a reform. There are three different patterns of the Exit-Entry administration in the world： Continental type, Ocean type and Compound type. France and Germany adopt the first one, and Britain and America adopt the second. China has up to now adopted the compound type. Compared with immigration laws of other countries, there are some imperfections in the current Chinese Exit-Entry system. For example, the power of the administration is not centralized in the central government, such as Hong Kong and Macao, and the functions of some departments of the government overlapped on the Exit-Entry administration. These defects have obviously amounted to regionalizing barriers and central governmental orders have been impeded by local governments from time to time. Influenced by department benefits and local benefits, some local administrative departments have not strictly enforced the Exit-Entry law, but violated the law instead. For establishing a modern border-control system in accordance with the practice of International Migration Law, the following proposals of reforming current Chinese Exit-Entry system can be accepted in practice. Firstly, China should set up an independent Exit-Entry administrative department under the direct leadership of the State Council before 2008, and make sure that the Exit-Entry administrative institutes all over the country are supervised effectively by the central government. At the same time, the Exit-Entry administrative department should give priority to the function of service. Secondly, China should Unify the types of and the grant procedures of passports, subdivide the category of visas, and simplify the formalities of the certificate of sailor. The work efficiency of the Exit-Entry administrative department will have to be improved and the work speed accelerated. Finally, China should train more advanced talents for the Exit-Entry administration to meet the challenges. To sum up, China should reform its current border-control system in order to coordinate with the international practices and meet the challenges of globalization.