중국조선족의 이주와 관련된 중국국적법의 현행 과제

Nationality is a Legal basis that one country selected its own national and granted national rights and obligations. Therefore, with the development and changes of international society, in order to maintain rights and interests, a lot of countries enacted and amended nationality law. Emigration and nationality are closely linked, which clashed with the nationality law. Chinese Korean is an emigration nationality. The positive conflict whose emigration arose ever made a significant influence on the Nationality Law of Qing Government. China’s Nationality Law was enacted under the ground of the Cold War. Its provisions and contents are too simple, and have a certain distance with the requirement of the global era. After the end of World War Ⅱ, the nationality problem has been developed from the restrictions to the protection of nationality rights. Now a days, the center of the world gradually shifted from Europe to Asia. The transformation has two types. One is to Asia, and the other is to China. No matter that the center of the world transferred to Europe or Asia, with the improvement of China’s position and prestige in the international community, China’s nationality has gotten the attention of the international community. Subsequently, the emigration will cause the positive conflict of nationality. Protecting the national interests and state’s rights and interests is the purpose of the nationality law, and is also the ultimate purpose of amending the nationality law. The value of the nationality law reflects the guarantee of state’s sovereignty and national human rights. With the changes of international society, it is necessary for China to amend the existing Nationality Law. The amendment should be in favor of international public law and international private law, its national interests and its rights and interests, and in particular China’s prestige and future.