With the deepening of economic globalization, the phenomenon of cross immigration is inevitable, but how to regulate immigration with legislation is a matter of great caution. The recent release of the Regulations on the Administration of Permanent Residence of Foreigners (Draft for Comment) (hereinafter referred to as the Draft for Comment) has caused a lot of social concern and opposition. Although there are many misunderstandings, the Draft for Comment itself does exist. problem.

1. Is the access standard set properly?

The Exposure Draft is debatable in setting the standard for foreigners to obtain permanent residency.

First, the Exposure Draft lowers the standard for foreigners to obtain permanent residency. The Draft for Comments not only removed the no criminal record requirement in the Administrative Measures on the Approval of Foreigners' Permanent Residence in China, but also reduced the investment quota for foreigners to obtain permanent residency from 2 million US dollars to 10 million yuan. In addition, Article 13, paragraph 4, of the Exposure Draft also opened the door for foreigners below the standard to obtain permanent residency.

Secondly, the Draft for Comment uses inaccurate terms on the criteria for foreigners to obtain permanent residency. For example, the significant benefits in Article 16 paragraph 3 and the outstanding contribution in Article 11 are the same. Regarding this, how should the competent department judge in actual operation? Will excessive discretion cause a new round of corruption pain points? These are worthy of our consideration.

Thirdly, there should be no provisions on the criteria for foreigners to obtain permanent residency. If the original intention of the Regulations on the Administration of Permanent Residence of Foreigners is to attract more talents and funds for the country, then there should be no further provisions to further lower the threshold.

2. whether it meets the principle of equality

The second issue in the Exposure Draft is the issue of super-national treatment.

First, super national treatment in the right to education. According to the Constitution, citizens of the People’s Republic of China bear the obligation of family planning according to law (Article 25). However, according to Article 42 of the Exposure Draft, foreigners with permanent residency can enjoy the nine-year compulsory education and other social benefits without being restricted by family planning. This is obviously unfair.

Second, super national treatment in the right of settlement. Now many places in our country have introduced policies to limit housing purchases. However, according to Article 40 of the Exposure Draft, foreigners who have obtained permanent residency are not only not restricted by these policies, but can also freely choose whether to pay the provident fund.

Third, supranational treatment of social welfare rights. According to Article 43 of the Exposure Draft, foreigners with permanent residency status can enjoy the employment, enrollment, medical care, and pension policies of all provinces without restriction of household registration, making it easier for Chinese citizens outside the country to obtain the benefits brought by household registration.

3. Whether it will bring new problems to anti-corruption

Anti-corruption is a major task facing our country. A major problem to be overcome in the anti-corruption work is the problem of the outflow of funds from bribe officials and how to recover the outflow funds. However, Article 39 of the Exposure Draft will cause new difficulties in the supervision of capital outflows. At present, the purchase of foreign exchange by citizens of the People's Republic of China is strictly restricted. According to Article 39 of the Exposure Draft, foreigners with permanent residency are not affected by them and can exchange foreign currencies indefinitely. If this clause is used by criminals, it will lead to a large outflow of my country's foreign exchange reserves. For example, bribe officials may use foreigners who have obtained permanent residency to transfer their assets abroad without restrictions, thus making it difficult to fight corruption.

All in all, although our country has stipulated the granting of permanent residency to foreigners since 2004, we have always been more cautious about granting permanent residency to foreigners. It is hoped that legislators will listen carefully to the rational voice of the masses, refine various judgment indicators, and use fair, open and clear thresholds for permanent residence to dispel the worries and fears of the people, so that China can make its road to internationalization smoother.