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考虑外国人居留权,要平衡“宽”与“严”

The following article is from 世界观 Author 观澜客

一个国家越开放、发展程度越高,能给全球人才提供的发展机遇就越多。相应地,也会有更多外国人希望在该国常住。


毫无疑问,司法部最近公布的《中华人民共和国外国人永久居留管理条例(征求意见稿)》是中国扩大开放的一个显著标志。


The more open and developed a country is, the more opportunities it will provide for foreigners to develop their own careers. And it will also be more likely for foreigners to choose to stay in that country. The draft rules on permanent residence for foreigners published by China's Ministry of Justice on Thursday soliciting public opinions are undoubtedly a sign of China's greater openness.



同时,中国是这个星球上人口最多的国家,拥有14亿人口,控制外来人口总量的重要性也不言而喻。


中国要接收的外来人口,应当是对其经济发展和社会进步有贡献的群体,而不是那些不做贡献只来享受福利的群体。


As one of the most populous countries with a population of 1.4 billion, a tight control of the number of immigrants into the country is unarguably important as there is no reason for the country to accept those immigrants who make no contribution to its economic development and social progress but who come intending to enjoy its welfare only.


特别是,对那些有望在各个行业给这个国家发展做出贡献的人才,中国是有必要持开放和包容态度的。


At the same time, it is undeniable that China must be open and inclusive on this matter when it comes to the question of receiving talents of various kinds who will hopefully make contributions to the development of the country's science and technology as well as the development of various sectors.



这也是为什么条例征求意见稿对外国人申请永久居留权设置了特别要求。事实上,早在2004年生效的《外国人在中国永久居留审批管理办法》,就已经为此设立了一定门槛。


That explains why the draft rules, like the rules that have been in effect since 2004, have specific conditions and requirements a foreigner has to meet to apply for permanent residence.


该征求意见稿在社交媒体上引起了不同观点的交锋,这也在情理之中。


有人担忧,非法移民可能利用该条例的漏洞获得永居权。有报道称在国内已经有了居留数年的非法移民,其中有一些人不仅没能给中国的发展做出贡献,反而给当地社区的社会秩序带来了麻烦。


It is natural and understandable for some Chinese to worry that some illegal immigrants will likely take advantage of the rules to get the legal status of permanent residents as there are reportedly some illegal immigrants who have stayed in China for years. And some of them not only make no contribution to the development of China, but also cause disturbances to the social order of some localities.


事实上,从条例给外国申请人设置的门槛来看,不够格的申请人想获得永居的机会很渺茫。


As far as the requirements the rules have set for those who can apply for the status of a permanent resident are concerned, the chances are quite slim for those unqualified candidates to take advantage of the rules.



但即便如此,在将来的执行阶段,也有必要着重强调违反中国法律和治安法规者不应当有权申请。


Even so it may be necessary when implementing the rules to specifically stipulate that those who have violated China's laws or public security rules should be deemed as unqualified for applying for such status.


中国传统上并没有接收过大量移民。但随着中国经济更加开放、更加融入全球化,很多领域都有对专门人才的需求,接收更多外国人来中国永居也是必然趋势。


China is not a country that has traditionally received large numbers of immigrants. But as the country's economy becomes more open and globalized, it is inevitable that the country will receive more immigrants, as the country seeks to satisfy its needs for talents of a particular field.


为促进不同领域的交流起见,中国在外国人永居政策上也需要持开放态度。


Even for exchanges for different purposes in different fields, an open attitude is necessary as far as the country's immigration policy is concerned.


当然,开放态度并不意味着放松审批。在外国人永久居留权的问题上,需要宽严相济。


Yet being open does not mean being loose in the management of the approval procedure for receiving immigrants. Instead, there should be a balance between the two.


译者:张周项


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