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Exit and Entry Administrative System

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Chapter Summary

This chapter builds on and recounts earlier work, to conduct a systematic analysis of the administration of exit and entry in China and related issues and implications for the right to leave and return (RLR). It examines (i) the functions of exit and entry administrative authorities; (ii) the discretions of those authorities; and (iii) the merits review of administrative decisions regarding exit and entry. The development of international migration law has led to some important developments in regard to exit and entry administration in national legal systems, by which States have increasingly limited governmental immunities and have developed innovative responses to RLR violations. The system of administration of exit and entry in China faces serious issues. Its functions are diffusely allocated, sometimes overlap, and are also concentrated on power at the ministerial and provincial levels.

Keywords: China; international migration law; national legal systems; right to leave and return (RLR)



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