General Secretary Xi Jinping proposed the overall national security concept，Emphasize that national security is the purpose of people's security。Under the concept of open development，With the advancement of the "Belt and Road"，The expanding overseas interests have attracted great attention。General Secretary Xi Jinping emphasized，To speed up the construction of overseas security protection system，Guarantee my country's overseas institutions、The legitimate rights and interests of the personnel。Overseas Chinese citizen protection and rescue mechanism constitutes an important content of China's overseas security protection system。In recent years，A significant change in the practice of the Chinese government's personal safety of Chinese citizens，That is, decisively evacuated overseas Chinese citizens when major emergencies occurred。These actions are not only successful，And has won widespread praise at home and abroad。What is slightly regrettable is，Related legal supply lags behind practical activities。May 28，The Code of the People's Republic of China (hereinafter referred to as the "Civil Code") voting。"Civil Code"、Accelerate the construction of a socialist rule of law，Adhere to the people -centered development idea、Maintain people's rights and interests according to law、Promote the development of human rights in my country，All have significant significance。Its "personality editor" strengthens the right to life、Protection of physical rights and health rights。Consular protection is China's "Overseas Livelihood Project"。Improve the legal supply of the evacuation of overseas Chinese citizens，It is conducive to more legitimate and effective protection of the personal safety of overseas Chinese citizens in major emergencies，Promoting my country's Consulate Protection、Foreign Emergency Management、Legal construction Bet365 app download in the fields of overseas non -war military operations，Improve the level of rule of law from foreign -related work，Promote the modernization of the national governance system and governance capabilities，and provide Chinese experience and plan for the development of relevant international rules。

　　bet365 live casino games Overseas Chinese citizens' security and legitimate rights and interests can be found from the "Constitution of the People's Republic of China" and "National Security Law of the People's Republic of China"，But the principle and general regulations。"Regulations of the People's Republic of China Consular Protection and Assistance Work (Draft)" (Draft for Soliciting Opinions) (hereinafter referred to as the "Regulations (Draft)" (Draft for Opinion)), "Legislative necessity" The basic gap in domestic legislation of overseas citizens and institutions;，Is the strategy of implementing the country in accordance with the law、The inevitable requirements of improving the socialist legal system with Chinese characteristics。The Law of the Capital Corporation of the People's Republic of China (hereinafter referred to as the "Capital Copper Law") stipulates the definition of emergencies and its early warning level，but mainly pointing to domestic emergencies，It can only provide reference for the definition of overseas emergencies and the judgment of the early warning level to a certain extent。The provisions of the early warning mechanism and emergency response of overseas emergencies are mainly reflected in departmental rules。The "Emergency response and disposal regulations for overseas security incidents in foreign investment cooperation" issued in 2013 clearly stipulated the evacuation measures，But the object involves only overseas Chinese enterprise institutions and personnel，and only applicable to war、Conduct and other overseas security events。"Regulations (Draft)" (draft for comments) also mentioned only "Rescue"。2013，National Defense White Paper "The Diverse Application of Chinese Armed Forces" Although it is mentioned，Overseas operations such as the evacuation of overseas citizens are an important way for the PLA to safeguard China's national interests and the international obligations that China performs in China，But it is not a legal document。So，It is necessary to from the law、Regulations、Rules and other three levels gradually improve the domestic law rules of overseas Chinese citizens' evacuation。You can protect overseas Chinese citizens in the Constitution of the People's Republic of China，and introduce the "Protection Law of the People's Republic of China overseas Chinese citizens' safety and legitimate rights and interests" as soon as possible，Determine evacuation as one of the actions to protect the personal safety of overseas Chinese citizens。You can consider adding regulations to add overseas emergencies, including evacuation in the "Emergency Response Law"。With the increase of non -war military operations from foreign -related non -war，It is necessary to formulate the "Law of the People's Republic of China and the Non -War Military Action Law"，Establishing military forces to participate in the evacuation action standard，Clarify the responsibility of the military department。In addition, you can also add chapters about "Emergency Action and Mechanism" in the Regulations (Draft)，Specifically the "disposal of major emergencies" that originally occupied only one provision，Clarify this disposal measure，and set up the organization、Responsibility、Implementation elements、The disposal mechanism makes specific regulations。Safety protection of overseas personnel and institutions、Safety Management and Safety Incident Emergency Response and disposal department rules and regulations，Establish a corresponding evacuation mechanism for major emergencies of different types of major emergencies。Improve the domestic law rules of the evacuation of overseas Chinese citizens，Consultations that can protect the personal safety of overseas Chinese citizens in the very social order and provide practical and effective legal guarantee for the normalization of non -war military operations when necessary。

　　Refined the implementation elements of the evacuation of overseas Chinese citizens.National practice of the evacuation of overseas Chinese citizens has gradually matured，But the current effective domestic law does not specify its implementation elements。Refined Effect Establishment Essentials，Can effectively respond to controversial problems in practice，and avoid excessive expectations and unreasonable requirements for the country's overseas evacuation。It is worth sure is，"Regulations (Draft)" (draft for comments) stipulates that "major emergencies in the country in the country", "Chinese citizens need to be helpful for serious threats due to personal safety" and "indeed necessary and have conditions" Three requirements，But lack of detailed regulations，And the "evacuation" is not clearly mentioned in this article。The implementation of the evacuation of overseas Chinese citizens shall comprehensively consider whether the above three requirements are met at the same time。Where，The judgment of the two elements of major overseas emergencies and the personal safety of Chinese citizens can be combined in combination。Urban events are generally divided into natural disasters、accident disaster、Four types of public health and social security incidents。The Law of the Capital Copy Law of the Episode stipulates that the first three types of emergencies are warning，and established a level 4 mechanism，Level 1 and Tier II Early Warning belongs to major emergencies。Overseas Chinese citizens from overseas Chinese citizens since 1995，More than 20 times from social security incidents，about 10 times from natural disasters，Not many from public health incidents。So，The judgment criteria for major overseas emergencies can be based on level 4 warning mechanism，Determined with the practice of overseas evacuation。Specifies can be affected by the personal safety of overseas Chinese citizens、Natural and social environment of the country in the event of an emergency、Emergency countries' ability to deal with the incident、Related authoritative international organizations for the incident、Five lists of the treatment of the incident in the third country are listed as an inspection indicator，and allocate the weight coefficient of each indicator according to the type of the emergency，Determine the early warning level。When judging whether it is necessary to evacuate，It can mainly consider the urgent needs of personal safety protection and whether it belongs to the last means to appeal。When the feasibility assessment of evacuation，First of all, consider the relationship between China and emergencies，The country's attitude towards evacuation，Do you agree，Whether it can provide security and necessary convenience and help; secondly, we should consider the attitude of the international community and whether China has timely and effective overseas evacuation resources at that time; finally, personnel who must be eliminated and those who need to be withdrawn and those who need to be evacuated are in the end. The risk that may face during the evacuation。For military forces assisting the evacuation，Situations and necessity and proportion of military forces must be specified separately。

　　The development of international law rules to promote the evacuation of overseas citizens.Overseas citizens have been evacuated outside their national territory，Must consider international legal supply。The main purpose of implementing such actions is to protect the safety of people from overseas countries in various countries，We can find reasons for this in the United Nations Charter and the International Human Rights Convention。Its consular protection attributes can also make such operations from the general provisions of the "Vienna Consular Relations Convention" on the general regulations of consular positions，But obvious，These treaties cannot provide direct and sufficient legal basis。International Treaty of Aviation Transport and Maritime Sailing did not make an exception to the passage of evacuation transportation。The United Nations International Law Commission's "Draft of the Personnel Protection Terms of the Disaster" has developed for the first time in the field of disaster relief to protect the affected people，But it has not made special provisions on how national nationals assist the affected domestic citizens。About military forces participating in overseas national evacuation，Some countries call it "non -combatant evacuation operation"，and the corresponding action rules were released by its military department，Some regional international organizations are also trying to formulate standardized rules among member states，But it has not yet formed rules that are generally applicable to the international community。Inadequate supply of international legal supply has led to the evacuation of overseas citizens in the "gray area"。Although the international community has tolerance for most of the evacuation，There is controversy for the legality of only a small part of the evacuation，But tolerance is not the final method of solving the problem。Order and successful evacuation is not only conducive to promoting the protection of the basic human rights of personal safety under the trend of international legal persons，And can reduce unreasonable interference to a certain extent，Promote the principle of non -interference in the international community。More importantly，Overseas evacuation resources in major emergencies are international public products with humanitarian purpose provided by the international community，Cases that have frequently emerged in practice in practice。China can actively promote the development of the international law rules of overseas national evacuation: establish an emergency mechanism of consular protection in major emergencies in the consular treaty; Participation and its legal status shall be provided; setting up the clauses for the establishment of permitted and convenient overseas evacuation of transportation tools in the international treaty that adjusts cross -border flights and navigation。The development of international regulations evacuated by overseas nationals can not only make relevant actors become famous，You can also effectively regulate such actions，Make it not violates the basic principles of international law，It is in line with human rights protection、There should be concepts of consular protection，Realize its own positive effect。

　　(This article is the "Research on the Legal Supply of Chinese Overseas Evacuation" (17YJC820058) phased achievement)

(Author Unit: School of Law, Fujian Normal University)