论我国侨务立法理念的转型

On the Transformation of the Concept of Legislation on China's Overseas Chinese Affairs

"适当照顾"的侨务立法理念在侨务法治新形势下,存在"过当照顾"华侨、缺失外国侨民立法理念等嫌疑。在侨务法治全面推进、全球化进一步融合,尤其是侨胞"侨"性程度有所减弱、弱势地位有所下降、有关部门护侨意识有所淡化的新形势下,"适当照顾"的侨务立法理念有必要进行转型。"因人而施"可作为第二阶段的侨务立法理念,而"因人而施"与"融合发展"并存将成为侨务立法理念的最后阶段。

Under the new situation of the rule of law concerning overseas Chinese affairs,the concept of "proper care" of overseas Chinese smacks of "excessive care" and the lack of the legislative idea concerning overseas Chinese.In the context of furthering the rule of law and globalization,especially with the improving of the status of overseas Chinese and the relevant departments' declining awareness of protection of overseas Chinese,the legislation idea of proper care'needs to be amended.A case-by-case approach can be taken as the legislation philosophy for the second phase of legislation concerning overseas Chinese affairs.The coexistence of the case-by-case approach and integrative development will become the final stage of the concept of legislation regarding overseas Chinese affairs.