Dissertation
Dissertation > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act

Management of employment of foreigners in China Legal System

Author ZhuYingHua
Tutor LuZhiAn
School Fudan University
Course Legal
Keywords Employment of foreigners Legal Regulation Employment Management Improve the system
CLC D922.14
Type Master's thesis
Year 2010
Downloads 180
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Employment of foreigners as a kind of labor practices, the greater impact on the occurrence of labor relations affected by domestic policy factors. In terms of sovereign states, often only in specific areas to allow foreigners to employment, and provides for strict access conditions. Once in violation of the restrictive provisions of such access, can be identified as illegal employment. Illegal employment of foreigners in China, the behavior of foreigners violated employment regulations, not alien employment permit and residence permits for aliens held in China engaged in social labor and get paid behavior. The problem of illegal employment of foreigners, is the problem of illegal workers in the usual sense. Has a practical necessity and urgency of the legal regulation of the illegal employment of foreigners. Countries in the world to establish a relatively complete legal system of foreigner employment management to regulate the the domestic foreign labor employment, domestic scholars based on different immigrants management system, the employment of foreigners into employment-based immigration and international labor. Employment-based immigration, mostly used by the nation of immigrants. As a non-immigration country, the current employment of foreigners in China management system was not perfect, just on the professional and technical employment of foreign personnel in the international labor norms, even Chinese-style \permanent residence status change. Foreigner employment management system must be parallel with immigrant orientation, but the current management system is not in line with our development of the status quo, to build a new management system is imperative. This thesis is divided into four parts. The first chapter deals with the basic problem of the employment of foreigners in China, pointed out that the illegal employment of foreigners is a link of the illegal immigration process, and elaborate on the employment status of foreigners in China, features and illegal employment hazards, combined with China's national conditions, analysis of the causes of the illegal employment of foreigners, and pointed to further standardize and improve the management system the necessity and urgency of the employment of foreigners in China. The second chapter analyzes the legal regulation of the employment of foreigners, from the legal basis of the legal regulation of the employment of foreigners, including the right to employment and the Theory of Constraints (TOC) and the basis in international law, the employment of foreigners control the domestic legal system and in Russia and Germany, the regulation of the employment of foreigners The three aspects of the practice are discussed, in order for our system legislation specified direction. The third chapter describes the current management system of employment of foreigners in China, the first of the four cardinal principles established foreigner employment management system, followed by the specific law for that matter, and finally found major problems in the current system, as hereinafter targeted solutions do theory foreshadowing. Chapter from the Construction of the new foreigner employment management legislation, learn from the experience in the management system for the employment of foreigners Germany, Russia and China, to provide a reference for our established system criteria, then in terms of legislative measures, operating mechanism, control means of employment management system to be perfect.

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