离散与回归边民的国籍问题——以近代以来的中国边境地区为例

THE NATIONALITY PROBLEMS OF DIASPORA AND RETURNING BORDER PEOPLE: Taking The Border Areas of China in Modern Times As an Example

近代以来,由于历史渊源、边界划分、自然灾害等诸多原因,中国边境地区存在着大量离散与回归边民,其中,既有从中国离散到周边国家的边民,也有从周边国家离散到中国的边民,还有从周边国家回归中国的边民。不论离散还是回归,边民的迁徙路线都是从一国边境地区进入相邻周边国家边境地区,关系着民族国家间的交往与互动。同时,边民离散与回归是一个长期的相对稳定的跨境迁徙过程。因此,国籍问题也会伴随边民离散与回归过程的始终。总体而言,离散与回归边民所面临的国籍问题主要包括国籍变更、双重国籍和无国籍三类情形,其中最突出的问题是造成大量无国籍人口的存在,至今仍未彻底解决这一问题。

In modern times,there are a large number of diaspora and returning border people in China by the reason of historical reasons,boundary division,natural disasters,etc.Among them,there are border people who have migrated from China to neighboring countries,and those who have migrated from neighboring countries to China,as well as those who have returned to China from neighboring countries.Regardless of whether they are diaspora or the returned,the migration routes of them are from the border areas of a country to the border areas of neighboring countries,which is related to the communication and interaction between the nation-states.At the same time,their diaspora and return action is a long-term stable process of cross-border migration.Therefore,the nationality problems will also accompany their diaspora and return process.Generally speaking,the nationality problems faced by them mainly include three types:nationality changing,dual nationality and statelessness.The most prominent problem is the existence of a large number of stateless populations,which has not yet been completely solved.