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Whether China should adopt the dual nationality policy was again mentioned in this year’s sessions of the National People’s Congress of China(NPC) and the Chinese People’s Political Consultative Conference (CPPCC).
The current Nationality Law of China does not recognize dual nationality. Article 8 says that a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality, while Article 9 states that any Chinese national who has settled abroad and who has been naturalized as a foreign national, or has acquired foreign nationality of his own free will, automatically loses Chinese nationality.
In reality, however, some Chinese citizens choose to keep their nationality even after acquiring foreign nationality, composing a case of dual nationality. The topic is of particular concern among Chinese immigrants and overseas students.
China’s judicial community is studying regulations in relevant international laws. Some scholars say it is time for China to modify its current Nationality Law and set up a dual nationality system, so as to make it legally possible for talent to move freely between countries. Some scholars argue that the most urgent task facing China is not to recognize dual nationality, but to strengthen legal supervision and prevent dual nationality from becoming a privilege of the few.
One nation, one nationality
Qiao Xinsheng (Legal Daily): China’s ban on dual nationality is based on both historical and realistic reasons. Before the late 1970s, a series of anti-Chinese incidents occurred in Southeast Asian countries. At the time, governments in these countries believed that Chinese citizens were less likely to be loyal to their new nations. Worse still, they feared an inflow of Chinese citizens would turn their countries into a Chinese colony. As a result, they adopted a discriminatory policy toward Chinese citizens who stayed in the residence country long enough to have acquired the country’s nationality. In extreme cases, governments even encouraged local people to practice violence against the Chinese to drive them out of the country. For the safety of these Chinese citizens and to salvage a relationship with these Southeast Asian nations, the Chinese Government banned dual nationality. This policy has strengthened China’s relationship with some of these countries. There is no reason for China to cancel this system or modify it at the moment. If dual nationality is accepted, some people may try to escape legal obligations by taking advantage of the system. It is said that some NPC deputies and CPPCC representatives have acquired the nationality of foreign countries while at the same time enjoyed political right in China. Their foreign nationality also makes it possible for them to gain favorable treatment that ordinary Chinese citizens do not have access to. If this trend is allowed to continue, China’s state power will gradually fall to citizens of foreign nationality, potentially harming ordinary Chinese citizens’ legitimate rights and interests.
There are fears that if China does not practice dual nationality policy, some hitech talents will stay overseas for life, thus damaging China’s scientific and technological development. However, demanding that all overseas students return to China is narrow-minded thinking. Scientists can work anywhere on the globe. As long as they still love their mother country, even if they work in other countries, they can still make contributions to their motherland. If they are forced back to their homeland, overseas students and academicians might encounter difficulties in scientific research because of limited resources or a poor research environment in the home country.
Currently, China is unable to provide an excellent scientific research environment for returned Chinese. When overseas students settle in other countries, it relieves China’s heavy employment pressures and allows these students to achieve more in their research. Whether or not dual nationality is recognized is not a problem; the real problem is China’s current scientific research environment and management system.
China’s current legal system has more restrictions on its own citizens than on foreign citizens. This explains why so many Chinese citizens aim for foreign nationality. For example, in the early 1980s, Chinese citizens were granted fewer favorable tax policies than foreign businesses in China. As a result, some Chinese transferred their assets overseas and later invested in China as overseas Chinese. Today the situation has been changed to some extent, but the problem still exists.
Thus, the focus should not be on dual nationality, as it is not the key of the solution. What the government needs to do is to tangibly protect Chinese citizens’ property and rights. If not, the practice of dual nationality may be taken advantage of by some people in order to get certain protection. Meanwhile, ordinary Chinese will bear the various inconveniences and miseries brought on by the dual nationality system. It is time now for the government to strengthen exit and entry administration and find those who possess dual nationality, so that those who openly violate the law will be punished. Only through proper enforcement can we safeguard the dignity of the Chinese legal system and prevent some foreign people from taking advantage of China’s limited resources.
Zhang Fengyi (www.xinhuanet.com): Why has dual nationality been a reality in China? One important issue is that China’s exit and entry administration system is managed by different ministries, such as the Public Security Ministry and the Ministry of Foreign Affairs. If a unified administration platform is set up, these ministries will share information, which will make it difficult for people to hide their dual nationality.
Some Chinese citizens obtain dual nationality to secure another country’s welfare, but the same people don’t want to give up the convenience of China’s own perks. Maintaining their citizenship is necessary for them to do business in China. Some foreigners, too, have housing properties and businesses in China under the guise of Chinese citizenship. In order to retain talent and capital, some local governments turn a blind eye to the existence of dual nationality.
Such violations harm not only the dignity of China’s rule of law, but also make it difficult for authorities to enforce laws. Cracking down on dual nationality is an urgent task. It requires information sharing among different departments and tougher fines for law violation.
Dual allegiance
Chen Jieren (www.eeo.com.cn): Currently, about 70 countries explicitly allow dual nationality, such as France, Switzerland, and Canada. Those who clearly refuse to admit dual nationality include China and Russia, while some other countries hold a vague attitude toward the issue, like Britain and the United States.
China is a country deeply influenced by its thousand-year-old traditional culture. Chinese culture stresses the importance of the country and requires citizens’ loyalty to the country. In a theoretical poll, most Chinese will choose not to permit dual nationality. In practice, a single nationality system would also ease many diplomatic disputes and other problems.
Although refusing to admit dual nationality is a reasonable option, the trend of globalization and frequent talent flow suggests it is wise for China to modify its current Nationality Law. Acknowledging dual nationality while restricting its use among public servants may be one solution. If a government official chooses dual nationality, then it should be required that they resign from official duties. Allowing dual nationality will attract more foreign talent to work for China and will also help Chinese immigrants feel at ease in other countries, knowing they can come back to China at any time.
As far as the nationality problem is concerned, we need to understand a basic idea: it’s no use to retain those who are determined to leave this country. Admitting dual nationality reflects confidence and tolerance.
Wang Huiyang (Global Times): Despite a surplus in business trade, China has long suffered a deficit in “talent trade.” This is a big loss to the country. Since the late 1970s when China carried out its opening-up policy, about 2 million Chinese students have studied overseas, but less than one third of them have come back.
We have now entered the era of talent flows. China’s continuous development will to a large extent depend on a huge talent pool. The blocked talent flow nowadays has already hindered China’s further economic development. This requires China to formulate a series of attractive polices, such as the tolerance of dual nationality.
Now, we lack an attractive immigration policy that can bring in talent from abroad. China’s current policies fail to attract the best and brightest that plan for long-term development in China.
China is concerned that dual nationality policy may affect relationship with some Southeast Asian countries, but this was in the past. Perhaps China should first consider allowing dual nationality with countries that do not share a sensitive history. If it does not establish a new set of policies, China should at least take a more flexible stance. Providing overseas Chinese certain certificates to confirm their identity as overseas Chinese, or simplifying complicated procedures for visa applications, will make it easier for overseas Chinese to come back home.