A Study on the foreigner immigration and residence ---Focus onour country legal system

• Main Authors: Yih-Bao Sheu, (言午)義寶
• Other Authors: Chen-Shan Lee
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/29045116755522576157

博士 === 國立中正大學 === 法律所 === 95 === Residence of foreigners refers to its status which live in our country.From the national sovereignty standard, premise of the foreigner residence must get permission from the country which foreigners want to enter into.. Foreigners must obey for the legal condition and procedure when they propose application for residence and meet the national benefit and immigration order.But after getting the permission in the domestic residence, foreigners legitimate residence period right should obtain safeguard for certain degree. Immigration affair generally includes two kind of meaning. It means emigration and immigration.In the present paper referring to " immigration ", it refers to enter into Taiwan and go out from our country .When foreigners enter our country, they must obey the certain legal proceeding which stipulated by the immigration law.Relating immigration procedure, there are varying standard applying to foreigners according to their residence reason, period length, and specific forbidden cause for entering into some countries. The foreigners does not have equal right to our country nationals. In the modern international society, the nation sovereign is the main component for a state. The nationals is the essential factor to establish a state and construct the sovereign for a state. Foreigner''s right naturally cannot compare with Taiwan nationals.However human society has been through many transformations and the progress which from despotic time to democracy of society .According to the human history development and steming from personally natural disposition development demand, towarding the world which unknown and pursuing the creation facilitate the world toward to unceasing development and progress.Relatively, the human towarding to other countries and region also represents the risk and possible persecution by others.Today, countries emphasize the world peace according to constitutionalism principle. Foreigners immigration and residence should get safeguards. This is precisely each national responsibility. The present research contains the following conclusions : Firstly, clearly decides the foreigner important basic right which include the immigration and residence. Secondly, the foreigner entering into the country limit should be clear. Thirdly, clearly decides and guard foreigner residence right referring to qualifications period. Fourthly, clearly decides the legal procedure for foreigner immigration limit and repulsion. Fifthly, effectively protects the foreigner personal data for immigration and residence. Sixthly, clearly decides foreigner administration relief procedure for immigration and residence. Seventhly, nationality decision become slowing down for foreigners because of their substantively different housing condition which results to their legal status for discrimination.