Study on the Negative Influence of Three- Illegals Foreigner

Transcription

1 Management Science and Research December 2013, Volume 2, Issue 4, PP Study on the Negative Influence of Three- Illegals Foreigner Jifa Xu #, Li Li School of Humanities & Economic Management, China University of Geosciences (Beijing), Beijing, , China # Abstract Foreigners who are illegal entry, illegal employment and illegal residency are collectively named Three-Illegals Foreigner in China. Three-Illegals Foreigner have brought some negative influence to the social, economic and political aspects of China. At the social level, Three-Illegals Foreigner have not only brought some problems of social security and criminal activities, but also make some new difficulties in the area of social management. At the economic level, Three-Illegals Foreigner have some impact on the labor market in China. At the political level, it infringes china's sovereignty and violates the law. The government should take steps to control illegal entry, illegal employment and illegal residency. Keywords: F 1 INTRODUCTION Three-Illegals Foreigner are illegal immigration, illegal employment, illegal residence referred to as the Chinese government. The same with the irregular migration, Three-Illegals Foreigner are the transnational flow of population, have brought great negative impacts to China in all political, economic, social and other fields. For the convenience of more foreigners coming into China to promote the development of China's economy, the Chinese government constantly improve foreigner management policy, from strict control to give service gradually. Many foreigners, especially low-end labors want to enter into China to find jobs or to become Chinese citizens, but don t have legal ways, leading to the increasing of illegal immigration, illegal employment and illegal residence. Chinese mainland investigates tens of thousands Three-Illegals Foreigner every year since However, the actual number may exceed the statistics, and the reasons are in the following: first, it is difficult to count the exact number from the frontier inspection personnel and sneak across the border; second, it is difficult to check up the number of Three-Illegals Foreigner in China; Third, a lot of people go through the frontier inspection successfully using false documents, making the statistical accuracy inaccurate. According to unofficial estimates, it is about 200 thousand Three-Illegals Foreigner only in the pearl river delta area. Three-Illegals Foreigner have brought more and more adverse effects to Chinese politics, economics, and the society in recent years, for example, mass incidents, social security cases, drug trafficking and smuggling, fraud, human trafficking, prostitution and other crimes have become increasingly prominent, bringing new challenges to Chinese social management. 2 PROPOSING AND DEFINITION OF THE CONCEPT FOR THREE-ILLEGALS FOREIGNER 2.1 Proposing the concept The implementation of Law of People s Republic of China on the entry and exit for foreigners proposed penalties for those who were illegal entry and illegal residency. And regulated foreigners who have no residence certificates or come to study in China, without permission of the competent authorities of the Chinese government, shall not be employed in China. The Ministry of public security, the Ministry of foreign affairs, the people's Liberation Army General Staff jointly issued the notice on Vietnamese illegal immigration and prohibited the Vietnam to enter the mainland illegal on Jan.16,1989, to stop the Vietnamese immigrant to China illegally and investigate trafficking of

2 women and children from Vietnam to China strictly. The Ministry of public security issued the notification of handling illegal immigration, illegal stay of foreigners in accordance with the law on April 6, 1992( ), pointing out that the phenomenon of the illegal foreigners, illegal residence in china increasingly serious, which have brought adverse impact to Chinese social stability, security and order. The Ministry of public security, the Ministry of labour, the Ministry of Foreign Affairs issued the notice of stopping foreigners to employ illegally in China in 1994, proposing the concept of illegal employment for foreigners in china. From then on, the Chinese government documents began to use the concept of Illegal entry; illegal employment; illegal residency, and called for Three-Illegals Foreigner for short. On the 24th meeting of the 11th national people's congress on Dec.26, 2011, vice Minister of the Ministry of public security Huanning Yang expressed that, the problem of Three-Illegals Foreigner was the product of a certain stage for China's economic and social development. National People's Congress examined and adopted Law of the people's republic of china on entry and exit administration and wrote illegal immigration, illegal employment, illegal residence into the law on June 30, The definition of the concept Foreigners in China, as long as own any of the following listed, can be recognized as Three-Illegals Foreigner. According to Three-Illegals Foreigner, their illegal behaviours may also have the three illegal acts below, or may involve one or two. Foreigners who are illegal entry. That is, coming into the territory of China by legal channels. Mainly including: 1 Foreigners entry without valid passport or travel document.2 Foreigners without valid entry visa issued by the Chinese authorities or other legal certificates.3 Foreigners don t enter from foreign ports designated by the entry visa agencies. 4 Foreigners enter into the territory of China escaping from inspection by the frontier inspection organs. Foreigners who are illegal residence. According to the regulation under article 25 of Law of the people's republic of china on entry and exit administration, illegal residence contains the following circumstances: 1 Exceeding the stay period of a visa, residence certificates. 2 Foreigner exempt from visa entry more than the visa free stay period and don t apply for residence certificates. 3 Foreigners exceed the limit regional to active. 4 Other cases. Foreigners who are illegal employment. According to the regulation under article 43 of Law of the people's republic of china on entry and exit administration, illegal employment contains the following cases: 1Foreigners don t gain in accordance with the provisions of work permits and working class residence certificate in China.2 Foreigners work in China beyond the scope of work permitting.3 Foreign students who work in China violating the work management regulations, exceeding the prescribed scope or the limit time. 3 THE ADVERSE EFFECTS OF THE SOCIETY As a global problem, the adverse effects Three-Illegals Foreigner bring are very complex. In the border area, many border residents come into China illegally, bringing untraditional security to the border areas of China, for example, the stability problem of the border area of the illegal marriage and family, the problem of the growth healthily for children and national identity, information security, the national defense security, public security, transnational crimes, desalination of consciousness of national defense and so on. Furthermore, with more and more Three-Illegals Foreigner entering into the rural areas in China. The problems above put forward a new challenge to social management, social control for Chinese government. 3.1 The problem of social security With the increasing of Three-Illegals Foreigner, there are more and more all kinds of disputes in the border area. For example, marriage disputes, economic disputes, labor disputes, security disputes and so on. Most of foreign women married in the border area are Three-Illegals Foreigner, no entry permit, residence certificate and marriage certificate, whose marriages are not protected by law. And some foreign women own marital relationships and children in their country. But they marry Chinese crossing the border, sometimes it would cause the contradiction and the dispute between the residences of the two countries border. It is also very prominent of illegal migrant labor disputes in the border area, such as wages arrear, wages deduction et al. Because their illegal status, foreign workers can t protect

3 their legitimate interests through legal channels. They solve the internal contradiction through the chamber of commerce organized spontaneously of their own in the living area of Three-Illegals Foreigner. In the face of external problems, affected by strong national culture identity, they will be very unity, gathering together in a very short period of time. Due to the particularity of their identity and complexity of the background, if not handled properly, it will lead bigger social problems and international influence, which is also a new challenge for the managers. When Guangzhou police inspected on foreigners living area, an African running a small business wanted to evade inspection, died after falling from a building at last, which caused more than 200 Africans blocking up Mineral Street police station of Guangzhou. These events show that Three-Illegals foreigner are formatting collective strength, in the condition of managing Three-Illegals foreigner in the administrative management departments, producing the collective psychological confrontation. 3.2 Criminal activities With the coming of Three-Illegals foreigner, often accompanied by drug trafficking, prostitution, theft, robbery, fraud, rape and other criminal activities. It is difficult to find jobs for many Three-Illegals foreigner because of their illegal status in China. To make a living, they go on the road of the theft, robbery, and fraud. Some young women engage in prostitution and seriously affect the social order and stability in the border areas. More seriously, some Three-Illegals foreigner immigrate illegally just for the sake of theft, robbery, fraud, prostitution, pornographic performances and other illegal activities. Unable to grasp the information of Three-Illegals foreigner accurately, it is considerable difficult for the police for further investigation. The inspection authorities prosecuted 108 people who are drug smuggling suspects form 2008 to May, 2011, of which more than nine-tenths were foreigners. According to the Guangdong Province Bureau of Statistics, the number of foreigners suspected criminals were about 200 in the first half year of 2005, many of which were robbery, theft, fraud, and drug trafficking. And most of the suspects came from Nigeria, Iran, Pakistan, Southeast Asia and Africa (Wei Qiu, 2011). Jiangmen in Guangdong cracked a network fraud, that is 4 illegal immigrants in Nigeria pretending to be a company clerk, who used the fraud by network, and the total amount was up to dollars, equivalent to more than RMB yuan (Yang Zhao, 2012). Three foreigners from Iran and Afghanistan pretending to be Chinese polices, named as searching and examining the drug smugglers, checking up the passers-by. And when the passers-by didn t pay attention to the implementation of the robbery, they drove to escape immediately (Youwei Suo, 2012). Transnational trafficking, transnational organized illegal immigration activities are the main organization and sources and bring new social problems. The American scholar Eric Asa Dorian pointed out, one of the most tragic for transnational criminal organizations engaged in was that the sale transaction of population. According to the United States State Department expecting, the sale for the world s population every day was at least 600 thousand to 800 thousand. These trafficking victims were forced to offer service, or even removed organs for transplantation (Jianhai Cao, 2005). The officer of drug control and crime prevention in the United Nations Office, Pino Rudge said, given the diversity of the number of involved organizations, people smuggling profit scale and smuggling, human trafficking was the world's fastest increasing crime. If plused all the people smuggling activities together, it was the largest violation of human rights activities in the world (Fengzhen Xia, 2008). 3.3 The new task of social management Most Foreign brides entry into China illegally, their legal interests can t be protected, unable to enjoy the same employment, health, social welfare with Chinese citizens, their children can t obtain hukou, and unable to resolve upbringing, education, employment and so on. Illegal immigrants enter the Chinese territory by crossing the border in port shelter, frontier inspection or other ways, haven t been checked the health and epidemic prevention inspection, regional infectious disease caused by such personnel has brought new problems to the Chinese public health and safety, like Malaria in Africa, AIDS, Cholera, Yellow Fever and so on. From the practice of law enforcement, weaknesses exposed are mainly reflected in the following: First, it is very difficult for the enforcement to deal with domestic problems, unable to solve these new situations because of the lack of law enforcement power. Second, as there are no references to be referred, and the managers are lack of the knowledge on the laws and regulations policy of Chinese foreign management, so they don t know how to use the

4 Chinese laws and regulations and relevant policies facing these problems. Third, some managers can t communicate with each other because of the language barriers, causing fear and take evasive attitudes. And fourth, lacking of funds brings difficulties for management organs in handling cases of Three-Illegals foreigner. 4 THE ADVERSE EFFECTS OF ECONOMIC LEVEL Three-Illegals foreigner s adverse effects on the economy of China isn t very obvious, so we only estimate its rough adverse effects at present. And even the main countries of immigrants are also difficult to estimate the impacts of international immigrants. Most scholars believe that, their economic benefits are not sure even the legal immigrants themselves. And the effect is negative generally (Sarah Collinson, 1993). 4.1 The impact on China's labor market China s labor market is not standardized, and the relevant related system is also not perfect. From the objective aspect, in the face of the labor shortage problem, and the labor shortage for labor intensive industry in developed coastal areas in China, the arrival of Three-Illegals foreigner has played a relief role. First, reducing the price of labor, Vietnam labor force price is much cheaper compare with China, and Chinese employers prefer to hire cheap labor, which will cause the labor force surplus and unemployment rising, and give a huge impact on the Chinese labor market. Second, it is bad for industrial transformation. With the development of economy, China is in transition from the low-end laborintensive industries to high-end technology intensive industry. So large number of cheap labor to come, will block the pace of transformation of industry. 4.2 Increasing the cost of social management Some argue that international migration affects the input and economic growth in importer country and aggravates the burden of the government. For example, 80% of people in the United States think that the bigger the number of immigrants, the higher the unemployment rate. The coming of Three-Illegals foreigner, not only has brought new topic to the social management, but also increases the cost of social management, such as the funds in handling cases for the public security organs, accommodation fee, the place construction fund, the relief funds of the Civil Affairs Department and so on. These costs have no budget in the majority of all levels of administration departments (Yiping Chen, 2006). 4.3 Large capital outflowing According to the International Monetary Fund, the remittance of labor migrants is about 75 billion dollers each year. This figure is 50% higher than the total official development assistance. This figure could not conceal the fact that the real number of flows of money Du Lunde called, as it does not include the digital hidden. The income Three-Illegals foreigner gains in China, mainly in the form of cash directly back to their origin country, causing a lot of RMB flows outside. And the cash loss can also cause the loopholes in RMB management business, which do damage to China's financial management order and affect the accuracy of financial management policy (Douglas S Massey et, 1998). 5 THE ADVERSE EFFECTS OF THE POLITICAL LEVEL The premise of population transnational flowing is the respect for national sovereignty, so only in the premise of sovereign states, other countries will allow to enter. It is a challenge and violation of China's territorial sovereignty for foreigners without permission from the government of China entry into China. And it is a law against the sovereign state infringement for foreigners overstay, illegal employment without the permission of Chinese government, and also brings hidden trouble for China s information security, national security. In addition, considering the national political, economic interests and international competition, some countries are most sensitive to the Chinese government on the problems of Three-Illegals foreigner. Some countries link the problems to the human rights, refugee and other international issues and exert political pressure on the Chinese government. The problem of Three-Illegals foreigner may be likely to become the new political friction for China and some other countries. 6 CONCLUSIONS

5 With the continuous development of China's economy and foreign policy, China is a country from traditional output immigrants to the coexistence of output and input immigration countries. Three-Illegals foreigner and their adverse effects will become more and more serious. As to the Chinese government, it is a big challenge. Compared with the major international immigration country, the experience and mode of China s management and control is insufficient. The government should give sufficient attention, On the one hand, should strengthen the domestic legal system construction and build a more complete immigration law system. On the other hand, should strengthen international cooperation, seeking the source of cooperation and communication to combat irregular migration. REFERENCES [1] Jianhai Cao et. The World Report Redefining Global Security [M]. Hebei: Hebei Education Press, [2] Yiping Chen. Population change and contemporary American Society [M]. Beijing: World Affairs Press, 2006, 145. [3] Douglas S Massey et, Worlds in Motion: Understanding International Migration at the End of the Millennium [M]. Oxford: Clarendon Press. 1998, 222. [4] Xuedong Ke, Anna Du. all records about Guangzhou black tribes [N]. Guangzhou Daily, [5] Wei Qiu. Many international drug cases accused of are foreign students in Beijing this year [N]. Beijing Evening News, [6] Sarah Collinson Europe and International Migration [M]. London and New York: Pinter Publishers Limited, 1993, 64. [7] Youwei Suo. A net fraud case made by Three-Illegals Foreigner recently [EB/OL]. [8] 14:33:17) [9] Fengzhen Xia. Observing the illegal immigrants from the world [M]. Tianjin: Nankai University press.2008, 182. [10] Min Xu. The foreigners commit crimes frustrate the Chinese [N]. Munhwa Ilbo, [11] Yang Zhao. Ten Thai telecommunications fraud suspects transfer to Thailand [N]. Legal Daily, 作者简介 1 Jifa Xu (1976- ), male, Han, phd candidate, the development and utilization of natural resources and environmental management. Since Sep. 2009, studying in China University of Geosciences (Beijing). 2 Li Li (1981- ), female, Han, PHD. candidate, the development and utilization of natural resources and environmental management. Since Sep.2009, studying in China University of Geosciences (Beijing). lilyght@126.com sdbfxu@163.com