Recent Reform of the Chinese Employment-Stream Migration Law Regime

China and WTO Review 2018, Vol. 4, 215-243, 2018

29 Pages Posted: 14 Aug 2018 Last revised: 25 Sep 2018

See all articles by Guofu Liu

Guofu Liu

Faculty of Law, Beijing Institute of Technology

Björn Ahl

Institute of East Asian Studies, University of Cologne

Date Written: July 29, 2018

Abstract

The Chinese employment-stream migration law regime recently underwent fundamental reformation. The introduction of a unified work permit for foreign nationals issued by the local bureaus of the State Administration of Foreign Experts Affairs constitutes a significant institutional and procedural change that trims procedures and clarifies competences. Further, the new classification scheme divides foreign nationals into three categories according to their academic qualifications, professional experience, and income, and is supplemented by a points system. The main objective of the scheme is to establish a modern migration law and policy system that will attract highly skilled global talent. Applying a doctrinal approach, this study analyzes the most recent policies and legal reform measures pertaining to the employment-related migration system. It discusses changes to that system against the backdrop of other factors affecting the legal status of foreign nationals in China such as the resident permit system, naturalization, labor standards, social insurance, legal remedies, the legalization of illegal labor migration, and the legal framework for integrating foreign employees into society.

Suggested Citation

Liu, Guofu and Ahl, Björn, Recent Reform of the Chinese Employment-Stream Migration Law Regime (July 29, 2018). China and WTO Review 2018, Vol. 4, 215-243, 2018. Available at SSRN: https://ssrn.com/abstract=3222282

Guofu Liu

Faculty of Law, Beijing Institute of Technology ( email )

5 South Zhongguancun street
Beijing, Haidian District 100081
China

Björn Ahl (Contact Author)

Institute of East Asian Studies, University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany
+492214705421 (Phone)

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