我国非法移民待遣羁押制度的审视与思考

Examination and Reflection on the Detention System of Illegal Immigrants Ordered Removed in China

为确保非法移民强制遣返实施,我国法律规定不能立即遣返的对象应当羁押于特定场所。由于非法移民数量不断增长和治理问题的复杂化,待遣羁押措施的内涵与应用在行政执法中被进一步扩张,亟需体系性地建设待遣羁押制度,根据适用对象的构成特点,丰富待遣手段,进一步完善移交衔接和司法救济。欧盟以遣返指令为基础,指导成员国构建了较为完善的移民羁押制度,其适用范围、生效条件、执行程序等设计具有一定启发意义,可以为我国非法移民待遣羁押制度完善提供参考,尤其从中借鉴规避任意羁押、滥用羁押争议的技术处理。

In order to ensure the implementation of the compulsory repatriation of illegal immigrants,the law of China stipulates that the objects who can not be repatriated immediately should be detained in specific places.Due to the increasing number of illegal immigrants and the complexity of governance issues,the connotation and application of pending detention measures have been further expanded in administrative law enforcement,and there is an urgent need to systematically construct the pending detention system,according to the characteristics of the applicable object,enrich the means of waiting for dispatch,and further improve the transfer connection and judicial relief.On the basis of the repatriation directive,the European Union guides the member states to construct a relatively perfect immigration detention system,and the design of its scope of application,effective conditions and enforcement procedures is of certain enlightening significance.It can provide a reference for the improvement of the detention system of illegal immigrants in China,especially the technical treatment of avoiding arbitrary detention and abusing detention disputes.