Abstract
The nationality law of the People's Republic of China adopted by the fifth National People's Congress at its third session on September 10, 1980 is a socialist law that reflects the essence of Chinese democratic dictatorship and the domestic and foreign policies pursued under the leadership of the Chinese Communist Party. Nationality as an institution came into being in modern history with the development of international relations. Every state has its nationality law and statutes which, by defining who its nationals are, provide individuals the status of belonging to that state, give them the rights and obligations arising therein, and make their protection a duty of that state.
The Universal Declaration of Human Right regards nationality as a basic right of every person. States have formulated their nationality laws primarily in the light of their own historical traditions, political systems, population policies, international relations and others factors, and in pursuit of their own interests. Article one of the 1930 Hague Convention on certain questions relating to the conflict of nationality laws declares that "it is for each state to determine under its own law who its nationals are". That every sovereign state has the right to draw up its own nationality law is a basic principle of international law.
On the other hand, the question of nationality has a direct bearing on the relation between states. Conflicts over nationality have become a de-stabilizing factor in the international community. Therefore, to reduce such conflicts and ensure their rational resolution is not only a generally accepted principle of international law, but also a question to be tackled in inter-state relations. The great increase in international contacts and population movement in recent years has made the question of nationality all the more important and become a cause for change in the relevant area of legal principles and practice.
Particularly, the growing number of refugee problems and the related issue of legal status for these refugees have become a major international issue crying for solution through the formulation of commonly accepted legal principles. A most urgent task is to determine the nationality of the refugees as well as the legal duties incumbent upon the states concerned.
