中国境内非常规移民遣返问题的现状与对策

Issues Concerning the Repatriation of Irregular Immigrants in China and the Countermeasures

中国境内非常规移民的类型多种多样,来源广泛、数量众多;增长速度快、管理难度大;且呈现出明显的区域化特征。这一状况的形成既有地理、历史、经济原因,又有中国人口结构的原因,并对中国的经济、社会、政治等产生多方面的影响。当前中国境内非常规移民遣返制度机制在取得不断完善的同时,也存在一些问题,主要表现为非常规移民源头防控不足,执法部门配合不够,专业人才队伍建设有待增强,遣返国际合作有待深化。中国有必要完善相关制度机制,重视非常规移民的源头防控;密切执法部门配合,增强非常规移民遣返的实效;注重专业人才队伍建设,严格边境管理和国内执法;并深化与其他国家及国际组织合作,提升非常规移民遣返效果。

Irregular immigrants commonly refer to"sanfei(three kinds of illegals)"foreigners who enter,reside and work illegally including overstayed persons in the country.With the rapid development of China’s economy and society and the deepening of opening up,the number of foreigners entering China is increasing rapidly,among whom includes a considerable number of irregular immigrants.At present,irregular immigrants in China are of various types,extensive sources and large numbers with fast speed in growth,difficulty in management and obvious regional characteristics in their distribution.This phenomenon can be accounted for by factors like geography,history,economy,China’s population structure,etc.,and it in turn exerts multiple influence on the economy,society and politics.Repatriation,as an important component of the domestic judicial system,plays a significant role in maintaining national security and combating transnational organized crime while conforming to the international practice and rules.As the opening up continues to expand and the legislation continues to improve,the legal system for the repatriation of irregular immigrants in China is also developing.Relevant regulations concerning repatriation conditions and procedures,the setting of repatriation venues,the ways of bearing the expenses required for repatriation and consequences to be borne after being repatriated are found in different laws to provide guidance for repatriation work.However,some defects still exist in the current governance of irregular immigrants such as insufficient prevention and control at the source,insufficient cooperation from law enforcement agencies,inadequate professional personnel and the lack of in-depth international cooperation in repatriation work.Some developed countries have accumulated experience from their past explorations in the construction of the legal system for the repatriation of irregular immigrants and their management and control.For example,Canada,a traditional immigration country,has a complete system and relatively mature legislative techniques in immigration governance with special attention paid to the prevention and control of irregular immigrant sources and the implementation of strict entry restrictions.Japan,although not a traditional immigration country,insists on being"pragmatism"-oriented.It has made detailed and specific legal provisions to regulate and restrict irregular immigrants and formulated strict and meticulous repatriation procedures.South Africa and Greece have adopted flexible management measures including a combination of crackdown and persuasion and the establishment of a differentiated treatment mechanism where irregular immigrants who meet certain conditions are granted legal status.The EU emphasizes making detailed laws and regulations and seeking extensive international coordination and cooperation.To solve the above-mentioned problems,we should improve relevant laws and regulations,focus on prevention and control of the sources,strengthen coordination among law enforcement departments,foster the building of professional personnel,stick to strict border management and law enforcement and deepen cooperation with other countries and international organizations.In this way,we will improve the effectiveness of the repatriation of irregular immigrants,promote the modernization of the governance system and governance capacity of irregular immigration,deepen opening up at a higher level and jointly contribute to the high-quality development of the"Belt and Road Initiative".