The legal basis of Chinese migration policy in the period from 1949 to the 1970s.
Currently, China is one of the few world Powers that has focused increased attention on its achievements from the entire international community. It is obvious that in the XXI century the world community will have to observe the geopolitical dominance of China, therefore the author considered it necessary to analyze the legislative foundations of its migration policy from 1949 to the 1970s in order to better understand the issues of its formation and development. Within the framework of this scientific study, the features of the emergence and further formation of Chinese migration policy, as well as its legal foundations from the moment of the formation of the PRC and inclusive to the 1970s, are considered. The author concludes that with the emergence of the PRC, the Chinese authorities established the strictest border crossing control measures, and therefore there were practically no external migration processes in the country. At the same time, with the formation of the PRC, the migration policy of this country has become largely dependent on a number of political factors. In the conditions of an external hostile environment, the state also had to introduce a strict system for issuing exit visas from the country, therefore, external migration flows remained insignificant until the end of the 1970s. Until the late 1970s, it was characterized by a small number of people leaving the country due to the strictest measures to regulate emigration with few grounds for departure and entry. Therefore, the adoption of organizational and legal measures by the Chinese leadership in 1978 contributed to the further development of migration policy.
Keywords: legal regulation, migration policy, migration law, legislative measures, regulatory framework, legal regulation, legislative framework, migration situation, legal status, legislative bodies, migration bans, visas.
Despite the numerous difficulties, the migration issues of the People's Republic of China (hereinafter referred to as the PRC, China) do not cease to attract researchers around the world due to the inextinguishable popularity of these issues and their high relevance <1>. In the context of the new millennium, the development of Chinese state migration policy and migration management has served as a significant incentive for the socio-economic and demographic transformation of the country, therefore, the author of this work decided to focus on a scientific analysis of the formation of China's legal foundations in the field of migration, since the analysis may be relevant for our country.
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<1> See: Kobets P.N. Genesis of public authorities and administration of the People's Republic of China // State power and local self-government. 2020. N 7. P. 53.
Migration processes in China, of course, have existed throughout all historical periods of the country's development. Thus, the earliest Chinese migration processes began to arise during the period when the Great Silk Road, the caravan roads that connected East Asia and the Mediterranean from ancient times to the Middle Ages, began to be laid <2>. Subsequently, at various time and historical intervals, Chinese migration processes had a wave-like character, periodically gaining strength or decreasing. At the same time, it seems that since the birth of statehood, the migration processes in China have never stopped.
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<2> See: Morin A.V. Migration policy of China // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. 2016. N 4 (74). p. 14.
Since the beginning of the formation of the PRC, Western countries have declared a blockade on this state and imposed many prohibitions. In the current situation in the international political sphere, China was forced to focus its efforts on protecting its own state interests, while striving to pursue a policy of ousting foreigners from the country who were in the PRC or arrived on its territory.
It is important to note that even at the very beginning of the formation of the People's Republic of China, a number of basic ideas and principles of Chinese migration policy were already consolidated by the General Program of the Chinese People's Political Consultative Conference (which served as the constitutional Assembly and was the legislative body of the People's Republic of China from 1949 to 1954) <3>. The analyzed program document acted as the main basis for the law-making work of the People's Republic of China before the adoption of the Constitution in 1954. Among other things, he proclaimed the objectives and principles of Chinese foreign policy. Also in this document there were guidelines indicating the need for opposition to imperialist aggression and the development of relations with the governments of states that occupy friendly positions towards the PRC <4>. This Program also contained provisions to protect the interests of foreigners who arrived in China, and it granted permanent residence rights to foreigners in need of political asylum. But at the same time, it did not say anything about the possibilities for the Chinese population to travel abroad <5>.
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<3> See: Kobets P.N. Formation, functioning and reformation of the State Council of the People's Republic of China // State power and local self-government. 2021. N 2. P. 57. DOI: 10.18572/1813-1247-2021-2-56-60.
<4> See: Liu Ya. Institutional features of the activities of the People's Political Consultative Council of China // Society: Politics, economics, law. 2020. N 9 (86). p. 22.
<5> See: Litvinova S.F. Transformation of China's private international law // Bulletin of the Khabarovsk State Academy of Economics and Law. 2010. N 4-5. P. 13.
At that stage of the formation of Chinese statehood, it was still too early to talk about the development of China's intercultural relations with foreign partners. The Chinese were even forbidden to communicate with relatives permanently residing abroad, in the event that such facts occurred, such citizens could not further advance in the service. It is important to note that at that time there was no legislative act containing norms that allow regulating entry and exit procedures in the PRC. In this regard, authorized persons had to be guided by disordered administrative regulations establishing rules for crossing the border between Chinese and foreigners, trade with foreign entrepreneurs, etc.
At the same time, immediately after the proclamation of the People's Republic of China, a new, socialist system of law began to be built in the country. The Chinese legal system of the period under review was formed and improved solely under the influence of Soviet ideology. The Soviet Union acted as the elder brother of China, and therefore the leadership of this country sought to adopt the positive Soviet experience in the field of lawmaking and other legal work. Chinese students studied in the Soviet Union, and Soviet specialists, including in the field of law, were invited to teach at Chinese universities.
The period under review was characterized by insignificant crossing of the state border by foreign citizens, "since the following regulatory legal acts were imposed in the country: Temporary rules for controlling entry into and exit from the country, as well as residence in the country of resident foreigners in 1951; Temporary measures to manage entry into and exit from the country of foreigners- residents in 1954; Temporary Rules for issuing visas and registering stay for foreigners in 1954; Temporary Rules for travel of Foreigners in 1954.; The Rules governing entry into and exit from the country, transit, stay and travel of foreigners 1964" <6> and others. As noted by domestic experts, "these norms of migration legislation acted as the basis of Chinese migration policy at that time, with their help, the state managed to significantly limit the possibilities of foreign citizens to obtain permits to enter the People's Republic of China" <7>. Those who managed to find an opportunity to obtain entry permits arrived in China, but their stay was constantly and strictly controlled.
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<6> See: Yuan S. Chinese experience of improving migration policy: main stages, unresolved problems // Bulletin of the Moscow University. Series 18. Sociology and Political Science. 2018. Vol. 24. N 3. p. 112.
<7> See: Troshchinsky P.V. The legal system of the People's Republic of China: formation, development and characteristic features // Bulletin of the O.E. Kutafin University (MGUA). 2015. N 5 (9). P. 115.
During the period of the "cultural revolution", which lasted in the country from 1965 to 1976 and, according to Russian experts, affected many Chinese citizens, any trips abroad for personal purposes were perceived as a betrayal of the interests of the motherland, it was also difficult for relatives of people who left China <8>. During this period, it was possible to cross the border only to travel to the countries of the socialist camp. In 1975, the PRC adopted a new Constitution, in which the main emphasis was placed on possible threats from the imperialist powers. The Chinese were still not allowed to cross the state border for personal purposes.
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<8> See: Morozov Yu.A., Wang P., Suzdaleva T.R. "Cultural Revolution" in China: the view of Chinese and Russian researchers // Ethnosocium and interethnic culture. 2021. N 8 (158). p. 92.
Under the circumstances, the Chinese authorities decided on the need for comprehensive economic reform of the country and the transition from planned to market-based management mechanisms of the national economy, while at the same time preserving the main advantages of the previous system. As a result, at the third plenum of the CPC Central Committee of the eleventh convocation, held in December 1978, the country's leadership abandoned administrative management methods and proclaimed a policy aimed at regulation, transformation, streamlining and improvement, calling it a policy of reform and openness.
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<9> See: Ostrovsky A.V. 40 years of economic reforms in the People's Republic of China (1978 - 2018): results, problems // 40 years of economic reforms in the People's Republic of China: Materials of the conference of the Center for Economic and Social Research of China IDV RAS (Moscow, April 1-2, 2019): Collection of articles based on M.: Institute of the Far East of the Russian Academy of Sciences, 2020. p. 18.
With the formation of the PRC, the Chinese authorities began to establish a visa regime. Being in a hostile environment of unfriendly states, the Chinese government had to focus Chinese migration policy on cooperation with socialist-oriented and developing countries and strictly control the processes of departure of its own citizens from the country and entry of foreigners into it <10>. In the current situation in Chinese society, it was necessary to normalize relations between people, eliminate all charges and rehabilitate citizens who had connections with relatives abroad. Such an approach was supposed to be an important step along with the activation of exit and entry into the country, without which it would be impossible to begin reviving contacts with Chinese communities located abroad in order to attract their resources in order to invest in the economic activities of the People's Republic of China. Therefore, already in the late 1970s. The Chinese leadership began to realize that the current economic policy, which was based on a planned economy, state ownership, equitable distribution and, most importantly, the policy of isolation from the outside world, which was expressed in low foreign trade volumes, in every possible way hinders the People's Republic of China from fulfilling the priorities set by the country's leadership.
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<10> See: Veremeychik A.S. Issues of modern Chinese migration to Russia in the works of scientists // Oikumena. Regional studies. 2014. N 1 (28). P. 53.
Many of the demographic, socio-economic, cultural and historical causes and conditions acted as the main determinants that became the starting points for new mass migration processes that gained strength after 1978. The events that originate in the late 1970s in the People's Republic of China allowed a whole era to change, as a result of which the country managed to stand up on the path of reform and openness to the entire world community. The changes that have taken place in Chinese migration policy, among other things, have allowed us to embark on new economic tracks and create an economic miracle in the country <11>.
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<11> See: Kuleshova N.S., Baldanova R.A. Features of regulation of illegal migration in China // Russian Political Science. 2017. N 4 (5). P. 82.
An analysis of the legal framework in the field of Chinese migration policy in the period from 1949 to the 1970s indicates that its formation was built up during various historical processes taking place in the country. Most of the changes in the legal regulation of the migration system, as a rule, were directly related to the evolution of the Chinese state system, the emergence of various political and legal doctrines. The study of this issue will allow domestic legal scholars to understand the main factors that have influenced the Chinese legal system, which is constantly improving throughout the entire historical period under consideration, and which underlies the country's migration policy. In addition, the study of the Chinese experience in managing migration processes in the period under review is extremely important for our country, since these approaches, without any doubt, will further help to more effectively identify not only the general features of various manifestations of migration, but also their specific aspects, which may manifest themselves in the Russian Federation.
Modern China is characterized by the deployment of extremely dynamic migration processes. But the indicated situation has become such relatively recently. For many years, a closed-door policy has been implemented in this country, significantly limiting external migration processes, as well as preventing foreigners from arriving in China. From the moment of its formation and for a long time period until the end of the 1970s, until the era of state reform began in China, Chinese society was isolated from the external environment and practically did not move beyond the state border of the country. The decisions taken by the Chinese leadership in the late 1970s, including legislative ones, contributed to the intensification of migration processes and the rapid development of China's business communication with foreign partners, including the growth of investment and the attraction of foreign qualified personnel. In turn, rapid economic development has significantly affected the position of China in global migration processes.
