ARCHIVES
VOL. 4, ISSUE 1 (2022)
Study on coercive measures before removal of immigrants: From the perspective of the EU return directive
Authors
Zhou Xin-Jun, Yang En-Yi, Ye Ru-fan
Abstract
The removal of foreign immigrants is a manifestation of a country’s sovereignty and has a bearing on its security. However, there are conflicts between the return of foreigners and the protection of human rights when taking coercive measures before the return of immigrants. The EU Return Directive adopts detention as a coercive measure before the return of immigrants, stipulates that the application of coercive measures should follow the principle of proportionality, set the maximum duration of detention, provide special places for immigration detention separated from ordinary criminals, ensure families privacy and the best interest of the child. There are gaps in the relevant Chinese legislation concerning the condition, duration, and place of detention. To improve China’s immigration pre-removal coercive measures to balance national security interests and immigrants’ human rights. China can draw on the relevant provisions of the EU Return Directive to establish the duration of detention pending removal, make the places of detention separated from ordinary offenders, Reflect special humanitarian care in detention for minors and families.
Download
Pages:16-21
How to cite this article:
Zhou Xin-Jun, Yang En-Yi, Ye Ru-fan "Study on coercive measures before removal of immigrants: From the perspective of the EU return directive". International Journal of Social Science and Humanities, Vol 4, Issue 1, 2022, Pages 16-21
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.

