Nationality Law Of China
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Nationality Law Of China
Chinese nationality law details the conditions by which a person holds nationality of the People's Republic of China (PRC). The primary law governing these requirements is the Nationality Law of the People's Republic of China, which came into force on September 10, 1980. Foreign nationals may naturalize if they are permanent residents in any part of China or they have immediate family members who are Chinese citizens. Residents of the Taiwan Area are also considered Chinese citizens, due to the PRC's extant claim over areas controlled by the Republic of China (ROC). Although mainland China, Hong Kong, and Macau are all administered by the PRC, Chinese citizens do not have automatic residence rights in all three jurisdictions; each territory maintains a separate immigration policy. Voting rights and freedom of movement are tied to the region in which a Chinese citizen is domiciled, determined by ''hukou'' in mainland China and right of abode in the two special administrative ...
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National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. Mo ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evo ...
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Concessions In China
Concessions in China were a group of concessions that existed during the late Imperial China and the Republic of China, which were governed and occupied by foreign powers, and are frequently associated with colonialism and imperialism. The concessions had extraterritoriality and were enclaves inside key cities that became treaty ports. All the concessions have been dissolved in the present day. History Imperial China period Imperial China granted the concessions during the latter period of the Qing dynasty, as a result of the series of " unequal treaties". They began in 1842's Treaty of Nanjing with the United Kingdom. Under each treaty, China was usually obligated to open more treaty ports for trade and lease out more territory as part of the concession or surrender it completely. The one exception that preceded this period was Macau, which had been leased in 1557 to the Kingdom of Portugal, during the Ming dynasty; Portugal continued to pay rent to China up to 18 ...
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Extraterritoriality
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places, such as the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to certain persons being under the laws of countries i ...
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Allegiance
An allegiance is a duty of fidelity said to be owed, or freely committed, by the people, subjects or citizens to their state or sovereign. Etymology From Middle English ''ligeaunce'' (see medieval Latin ''ligeantia'', "a liegance"). The ''al-'' prefix was probably added through confusion with another legal term, ''allegeance'', an "allegation" (the French ''allegeance'' comes from the English). ''Allegiance'' is formed from "liege," from Old French ''liege'', "liege, free", of Germanic origin. The connection with Latin ''ligare'', "to bind," is erroneous. Usage Traditionally, English legal commentators used the term ''allegiance'' in two ways. In one sense, it referred to the deference which anyone, even foreigners, was expected to pay to the institutions of the country where one lived. In the other sense, it meant national character and the subjection due to that character. Types * Local allegiance * Natural allegiance United Kingdom The English doctrine, which was at one ...
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Overseas Chinese
Overseas Chinese () refers to people of Chinese people, Chinese birth or ethnicity who reside outside Mainland China, Hong Kong, Macau, and Taiwan. As of 2011, there were over 40.3 million overseas Chinese. Terminology () or ''Hoan-kheh'' () in Hokkien, refers to people of Chinese citizenship residing outside of either the China, PRC or Republic of China, ROC (Taiwan). The government of China realized that the overseas Chinese could be an asset, a source of foreign investment and a bridge to overseas knowledge; thus, it began to recognize the use of the term Huaqiao. Ching-Sue Kuik renders in English as "the Chinese wikt:sojourner, sojourner" and writes that the term is "used to disseminate, reinforce, and perpetuate a monolithic and essentialist Chinese identity" by both the PRC and the ROC. The modern informal internet term () refers to returned overseas Chinese and ''guīqiáo qiáojuàn'' () to their returning relatives. () refers to people of Chinese origin residing ...
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Jus Sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with '' jus soli'' ('right of soil'), which is solely based on the place of birth. Today, almost all states apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees. Historically, the most common application of ''jus sanguinis'' is a right of a child to their father's nationality. Today, the vast majority of countries extend this right on an equal basis to the mother. Some apply this right irrespecti ...
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Dutch East Indies
The Dutch East Indies, also known as the Netherlands East Indies ( nl, Nederlands(ch)-Indië; ), was a Dutch colony consisting of what is now Indonesia. It was formed from the nationalised trading posts of the Dutch East India Company, which came under the administration of the Dutch government in 1800. During the 19th century, the Dutch possessions and hegemony expanded, reaching the greatest territorial extent in the early 20th century. The Dutch East Indies was one of the most valuable colonies under European rule, and contributed to Dutch global prominence in spice and cash crop trade in the 19th to early 20th centuries. The colonial social order was based on rigid racial and social structures with a Dutch elite living separate from but linked to their native subjects. The term ''Indonesia'' came into use for the geographical location after 1880. In the early 20th century, local intellectuals began developing the concept of Indonesia as a nation state, and set the ...
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Netherlands
) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherlands , established_title2 = Act of Abjuration , established_date2 = 26 July 1581 , established_title3 = Peace of Münster , established_date3 = 30 January 1648 , established_title4 = Kingdom established , established_date4 = 16 March 1815 , established_title5 = Liberation Day (Netherlands), Liberation Day , established_date5 = 5 May 1945 , established_title6 = Charter for the Kingdom of the Netherlands, Kingdom Charter , established_date6 = 15 December 1954 , established_title7 = Dissolution of the Netherlands Antilles, Caribbean reorganisation , established_date7 = 10 October 2010 , official_languages = Dutch language, Dutch , languages_type = Regional languages , languages_sub = yes , languages = , languages2_type = Reco ...
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Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world. Causes Conflict of law Conflicting nationality laws are one of the causes of statelessness. Nationality is usually acquired through one of two modes, although many nations recognize both modes today: * ''Jus soli'' ("right of the soil") denotes a regime by which nationality is acquired through birth on the territory of the state. This is common in the Americas. * ''Jus sanguinis'' ("right of blood") is a regime by which nationality is acquired through descent, usually from a parent who is a national. Almost all states in Europe, Asia, Africa, and Oce ...
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Unequal Treaties
Unequal treaty is the name given by the Chinese to a series of treaties signed during the 19th and early 20th centuries, between China (mostly referring to the Qing dynasty) and various Western powers (specifically the British Empire, France, the German Empire, the United States, and the Russian Empire), and the Empire of Japan. The agreements, often reached after a military defeat or a threat of military invasion, contained one-sided terms, requiring China to cede land, pay reparations, open treaty ports, give up tariff autonomy, legalise opium import, and grant extraterritorial privileges to foreign citizens. With the rise of Chinese nationalism and anti-imperialism in the 1920s, both the Kuomintang and the Chinese Communist Party used the concept to characterize the Chinese experience of losing sovereignty between roughly 1840 to 1950. The term "unequal treaty" became associated with the concept of China's " century of humiliation", especially the concessions to foreign po ...
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Qing Dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speaking ethnic group who unified other Jurchen tribes to form a new "Manchu" ethnic identity. The dynasty was officially proclaimed in 1636 in Manchuria (modern-day Northeast China and Outer Manchuria). It seized control of Beijing in 1644, then later expanded its rule over the whole of China proper and Taiwan, and finally expanded into Inner Asia. The dynasty lasted until 1912 when it was overthrown in the Xinhai Revolution. In orthodox Chinese historiography, the Qing dynasty was preceded by the Ming dynasty and succeeded by the Republic of China. The multiethnic Qing dynasty lasted for almost three centuries and assembled the territorial base for modern China. It was the largest imperial dynasty in the history of China and in 1790 ...
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