Resolution of nationality conflict of natural persons

China adopts the principle of consistency between household registration and nationality or the principle of closest connection.

Nationality conflict refers to the legal state that an individual has two or more nationalities or is stateless at the same time because of the differences of nationality laws in different countries. Dual nationality and multiple nationality are called positive nationality conflicts, and statelessness is called negative nationality conflicts. The conflict of nationality has caused many troubles in jurisdiction, making it difficult to solve problems such as military service, tax payment and diplomatic protection. Countries can eliminate nationality conflicts through domestic legislation and international treaties.

First, the settlement of ethnic conflicts.

The international community and China have different approaches to the current conflict.

International practice:

(1) If there are multiple nationalities, and one of them is domestic nationality, the domestic nationality shall prevail;

(2) If multiple nationalities are foreign nationalities, there are three ways: the final nationality of the parties shall prevail; The nationality of the country where the party concerned has his domicile or habitual residence shall prevail; The nationality that has the closest connection with the party concerned shall prevail;

(3) There is no distinction between domestic nationality and foreign nationality, and the nationality that has the closest connection with the party concerned shall prevail.

Relevant laws and regulations of China:

Civil law system: nationality is usually the connection point of personal law;

Anglo-American law: usually based on the connection point of personal law

China adopts the principle of consistency between household registration and nationality or the principle of closest connection.

Relevant regulations: Article 182 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Civil Procedure Law of People's Republic of China (PRC) (Trial) stipulates that foreigners with dual or multiple nationalities shall take the laws of the country where they have their domicile or have the closest connection as their domestic laws.

Second, the difference between nationality and native place.

1. The difference between nationality and place of origin is:

(1) Nationality means that a person belongs to a national or citizen of a certain country.

(2) Native place is ancestral home or native place, which refers to the place of permanent residence or birthplace in detail.

2. Nationality refers to a person's legal qualification as a national or citizen of a certain country, indicating a fixed legal connection between a person and a specific country, and is the legal consultant basis for the country to exercise personal jurisdiction and diplomatic protection. From the end of 18th century to the beginning of 19th century, countries began to take nationality as an important part of legislation.

3, native place, is the ancestral home or origin. Detailed refers to ancestral home, which is the permanent residence of an ancestor of a family group in a certain period, and detailed refers to the permanent residence of great-grandfather and above paternal ancestors or the birthplace of great-grandfather and above paternal ancestors. Some people who have left their ancestors' birthplace or hometown still trace their descendants back to their ancestors' birthplace or hometown (that is, ancestral home) as their birthplace.

4. The domicile is not necessarily the person's ancestral home or native place, especially in economically developed areas, some new places that started construction after the founding of New China and places that have developed rapidly since modern times. A large number of people's native places are not registered places. These people generally moved to new places after China's reform and opening up or the planned economy era according to the distribution of the country at that time or in modern times.

legal ground

Nationality Law of the People's Republic of China

Article 3 People's Republic of China (PRC) does not recognize dual citizenship of China citizens.

Article 4. One or both parents are citizens of China, and I was born in China with China nationality.