Determining Diasporic Chinese Identities from a Legal Perspective in China

Abstract

The Chinese diaspora broadly includes the groups of huaren (华人, ethnic Chinese of different nationalities), huaqiao (华侨, overseas Chinese who are Chinese citizens overseas), guiqiao (归侨, returned overseas Chinese), and qiaojuan (侨眷, relatives in China of overseas Chinese). In the Chinese legal system, the determining of Chinese diasporic status is an important issue in the Chinese diaspora law, as it pertains to the protection of diaspora rights and interests by governmental authorities. The diaspora law in China identifies Chinese diasporic status and grants rights and duties according to nationality and residential qualifications but does not consider the actual contact between the Chinese diaspora and China. This has caused substantive legal procedural issues regarding the confirmation of the legal identity of Chinese diaspora and the issuing of relevant certifications both in China and abroad. These legal issues have presented significant challenges for the Chinese government in its efforts to engage with and manage the Chinese diaspora and it has created a bureaucratic barrier to the protection of their rights and interests. This paper aims to explore the current issues in determining the legal status of the Chinese diaspora, to critically review relevant laws, policies, and empirical research, and to suggest possible solutions for improving diaspora law in the legal system.