论华侨权益保护制度的法治化问题

The Research on the Institution Constitutionality of the Overseas Chinese Relevant Rights

随着我国对外开放的深入发展,华侨数量不断增长,华侨回国探亲及回国投资活动日趋频繁,华侨权益的法律保护问题凸显。我国现行的华侨权益保护制度已不能满足华侨权益保护的需要,其原因在于华侨权益保护制度的法治化不足,主要表现为该项制度法理价值的茫然性和法制定位的欠缺性。基于此,应在把握华侨权益保护制度法律属性的基础上,进行该制度的法典化改造,从而实现华侨权益保护制度的法治化。

Along with the deepening of China＇s opening, number of overseas Chinese is increasing. It becomes more frequently that the Overseas Chinese return home to visit relatives and to settle. Thus, the legal protection problems of the Overseas Chinese relevant rights are highlighting. The current protecting institution of the Overseas Chinese relevant rights has already cant satisfy actuality of demand. Investigate its reason, lies in the shortage of the rule of law of the current protecting institution of the Overseas Chinese relevant rights. Its principal performances are the loss of the law theory value and the lack of position of the legal system. Depending on this, we should carry on the reformation of code of laws in the foundation of holding the law property, thus carry out the rule of law of the existing of the Overseas Chinese relevant rights.