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有关双重国籍(来自维基百科)
送交者: ztyixia 2006年07月14日22:57:28 于 [竞技沙龙] 发送悄悄话

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国籍是指一个人属于一个国家的国民的法律资格,也是国家实行外交保护的依据。也有人认为国籍是个人对国家的绝对服从。各国将国籍做为立法的重要内容,是从十八世纪末,十九世纪初开始的。

目录 [隐藏]
1 国籍的取得
1.1 根据出生取得国籍
1.2 通过加入取得国籍
2 国籍的丧失
3 双重国籍
3.1 产生原因
3.2 法律身份
4 无国籍
5 自然人以外的国籍
6 国籍法
7 相关连接


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国籍的取得
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根据出生取得国籍
大多数人都是通过这种方式取得国籍。根据出生取得国籍分为:依血统和依出生地原则。

依血统:不论出生在何地,只要其父母一方为本国人,则子女就获得父母一方或两方的国籍,这种原则称为:血统主义(jus sanguinis)。
依出生地:无论父母是哪国人,只要出生在该国的领土内,即自动获得该国国籍,这种原则称为:出生地主义(jus soli)。
世界上大多数国家采用血统主义和出生地主义相结合的原则。

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通过加入取得国籍
根据出生取得国籍,并非是按照个人意愿的一种方式,而通过加入取得国籍的方式,则是根据个人意愿或某种事实,并具备相关条件,才可取得它国国籍。

婚姻:一国男子和另外一国女子结緍,如果女子愿意申请,则获得男子所属国的国籍,如女子所属国的法律规定,不允许双重国籍,则女子必须放弃本国国籍才可申请男子所属国的国籍。

收养:一国国民收养无国籍或另一国的儿童,被收养者的国籍会发生改变,或者继续保持收养者的原国籍。

自愿申请:又称归化,是指一国国民自愿申请另一国国籍。在入籍条件方面,许多国家都有一定的限制。

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国籍的丧失
分为自愿和非自愿,自愿退出国籍是指退出本国国籍或成为无国籍人,或选择它国国籍。因为某些国家不承认双重国籍,要求申请它国国籍者,必须放弃本国国籍。非自愿,是指因为政治原因或其它原因,而被剥夺国籍。

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双重国籍
是指一个人同时具有两国国籍或以上。

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产生原因
出生,有的国家根据出生地主义,有的国家根据血统主义,假如侨民所有的子女,一出生就会同时具有双重国籍,或者父母的国籍不同,而使出生的儿童拥有双重国籍。

婚姻:有些国家的法律规定本国男子与外国女子结婚,外国女子自动获得本国国籍,而女子所属国的法律又规定:因与外国人结婚,并不丧失本国法律。则该女子就获得了双重国籍。

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法律身份
理论上双重国籍人在国际上会得到不仅一个国家的保护,但根据国际实践一,以及1930年海牙国籍法公约第五条规定:具有一个以上国籍的人,在第三国境内,应被视为只有一个国籍,第三国在不妨碍适用该国关于个人身分事件的法律以及任何有效条约的情况下,就该人所有的各国籍中,应在其领土内只承认该人经常及主要居所所在国家的国籍,或者只承认在各种情况下似与该人实际上关系最密切的国家的国籍。

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无国籍
见无国籍人

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自然人以外的国籍
船舶的国籍:无论内陆国还是沿海国都有权在公海上悬挂表明船籍的旗帜,船在某个国家的港口,申请登记领取船籍证书,该国家就是这条船的船籍国,船的国籍保护船舶在公海上航行的权利,受船籍国管辖和保护。联合国海洋法公约规定:国家和船舶必须有真正的联系,由于巴拿马对船胉国籍的审批并不十分严格,使得很多外国人或外国公司悬挂巴拿马的“方便旗”。

航空器的国籍:国际民用航空公约规定:航空器具有其登记的国家的国籍。一般在飞机的明显位置喷涂表明飞机所属国籍标志,国际电讯联盟分配给各国的国籍标志代号是:美国的代号为N,英国的为G,法国的为F,日本的为JA,中华民国和中华人民共和国的标志都是B。

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国籍法
中华人民共和国的国籍法在出生国籍上采用血统主义和出生地主义相结合的原则。 不承认中国公民具有双重国籍。 根据中华人民共和国宪法规定,凡中国公民拥有外国国籍者,则自动丧失中国国籍。 (香港和澳门两个特别行政区则根据两地的基本法处理国籍问题。)

Multiple citizenship
From Wikipedia, the free encyclopedia
(Redirected from Dual-citizenship)
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Countries that do (yellow) and do not (red) recognize multiple citizenship. No information is available for countries colored gray. Please note that in many countries the situation is far more complex than just 'yes' or 'no'.Multiple citizenship, or multiple nationality, is a status in which a person is concurrently regarded as a citizen under the laws of more than one state.

Dual citizenship (being a citizen of two nations), or dual nationality, is by far the most common type of multiple citizenship, as nothing in international law prevents anyone from establishing citizenship in two countries. Some countries do not recognise its citizens as having nationality of any other country, or recognise so only in certain circumstances (e.g. Japan recognises only those of underage nationals). Others may recognise as many nationalities as a citizen has.

Contents [hide]
1 Citizenship of multiple countries
2 Sub-national citizenship
3 Supra-national citizenship
4 Issues
5 Examples
6 See also
7 External links
7.1 General
7.2 Australia
7.3 Canada
7.4 India
7.5 Ireland
7.6 Pakistan
7.7 United States


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Citizenship of multiple countries
Each country has different requirements for citizenship, as well as different policies regarding dual citizenship. An Australian study estimated that 4-5 million Australians (up to 25% of the Australian population - by far the largest group at 1.6 million of these, from the UK) had dual citizenship in 2000. An estimated sixty percent of Swiss nationals living abroad in 1998 were dual citizens. Approximately 89 countries in the world officially allow some form of dual or multiple citizenship. In the United States it is estimated that millions of Americans are also citizens of other countries. Although Germany has a very restrictive nationality law, it does recognise dual citizenship under certain circumstances and the number of dual-citizens was estimated at 1.2 million in 1994. See German nationality law

The Republic of Ireland extends its citizenship laws to Northern Ireland, which is part of the United Kingdom. Therefore, most people born in Northern Ireland (who are usually British citizens) may, if they wish, exercise an entitlement to Irish Citizenship by simply performing an action that could only be done by a person holding Irish citizenship, such as applying for an Irish passport. Most people born in Northern Ireland may hold either a British passport or an Irish passport or both. See Irish nationality law and British nationality law.

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Sub-national citizenship
The U.S. Constitution also recognizes "dual citizenship" with each of the U.S. states, but not with other countries although this later aspect is usually ignored. State citizenship however is informal in practice, and is obtained simply by taking up residence in any given state. (Residents of the District of Columbia do not have dual citizenship, as it is not a state.) There is now almost no legal bearing brought by such an arrangement, except possibly for interstate extradition.
Switzerland has a three tier system of citizenship - Confederation, canton and commune (municipality).
Although part of the United Kingdom for British nationality purposes, the Crown Dependencies of Jersey, Guernsey and the Isle of Man have local legislation restricting certain employment and housing rights to those with "local status".
British Overseas Territories do not have individual 'citizenships' but they do have under their immigration laws a concept of Belonger status which is equivalent. Also see British Overseas Territories citizen
The Australian territory of Norfolk Island has immigration laws which restrict residence in the territory to those with "local status". Most Norfolk Islanders are Australian citizens
The Hong Kong and Macao Special Administrative Regions of the Peoples Republic of China make a distinction in their immigration laws between Chinese citizens with the right to reside in the territory and those without. Chinese citizens with right of abode in these territories can hold a different type of Chinese passport which gives more favourable travel rights internationally.
People from ?land have joint regional (?land) and national (Finnish) citizenship. People with ?landic citizenship (hembygdsr?tt) have the right to buy property and setup a business on ?land, which Finns without regional citizenship cannot. Finns can get ?landic citizenship after living on the islands after five years and ?landers loses their regional citizenship after living on the Finnish mainland after five years. See [1] and [2]
Prior to the dissolution of Czechoslovakia in 1993, Czechoslovak citizens also possessed an internal citizenship of either the Czech or Slovak Republic.
Before the break-up of Yugoslavia in 1991, Yugoslav citizens possessed an internal citizenship of their own republic (e.g. Serbia, Croatia, Slovenia etc.) as well as Yugoslav citizenship.
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Supra-national citizenship
In European Union law there is the concept of EU citizenship which flows from citizenship of a member state.
The Commonwealth of Nations has a Commonwealth citizenship for the citizens of its members. Some member states (such at the UK) allow non-nationals who are Commonwealth citizens to vote and stand for election while resident there. However, other member states make little or no distinction between citizens of other Commonwealth nations, and citizens of non-Commonwealth nations.
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Issues
There are some legal issues about dual citizenship and government services. For example, an American citizen holding another nationality and passport will have difficulty getting a security clearance if that person does not surrender the passport of the other country. In Canada, conversely, federal cabinet ministers often have dual citizenship with France or the United Kingdom and this in the past has not been an issue to their security clearances.

Although being a citizen of more than one country can be helpful as it affords two or more passports, it is prudent to realise that each citizenship carries responsibilites. This may bring about problems in con????ion, as well as allegiance to more than one state. A dual citizen is subject to travel restrictions, embargoes and sets of laws issued by multiple governments governing one's behaviour domestically and while travelling abroad. Also, as a drawback peculiar to a few countries such as the U.S., citizens are obligated to pay taxes in both the country of origin and the actual country of residence. However, many countries and territories have contracted treaties or agreements of avoiding double taxation. For example, as of 2005, Hong Kong has already contracted 33 agreements that address double taxation or its avoidance. In extreme cases, such as when the countries of citizenship are at war with each other, a dual citizen's international status can be very complicated.

The number of multiple citizens is large and increasing. Millions of people in the world are now citizens of more than one country. The number of multiple citizens is going to increase rapidly as people become ever more mobile, living, marrying and having children in multiple countries over the course of their lives.

After 9/11, the security issue was raised of persons with multiple citizenship travelling under different names - having passports under their old and new names from different countries - and using one kind of passport to exit a country, while travelling on another passport in a different name abroad, and not disclosing this travel upon return. Legislation is being prepared in Canada to end this practice, and to identify persons travelling abroad under different names and passports, and identify security threats from such individuals.

It brings important personal opportunities and responsibilities. As a citizen of a country, you have the opportunity to live there, go to school, work, get medical care, have children, buy property, and retire. There may be agreements to allow freedom of movement to other countries, as in the European Union. (Although it takes just permanent residency to enjoy some of these benefits.) There may also be responsibilities connected with citizenship, such as potential mandatory military service.

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Examples
Example 1: A person born in Canada, to a Canadian citizen and an American citizen would have Canadian citizenship by birth, and may also have US citizenship, depending on certain circumstances (the parents' marital status, date of the child's birth, and whether the US citizen parent has met certain physical presence requirements). If the requirements have been met, then the child would also be a US citizen, and therefore would have dual citizenship.

Example 2: A person born to American parents in the United States who moves to the United Kingdom may, after five years of legal residence (or three years if married to a British citizen) become a British citizen, and therefore will hold dual British/US citizenship.

Example 3: A child is born in Canada to British born parents. The child is entitled to dual citizenship at birth. Lex sanguinis applies for his British citizenship through his blood relationship with his parents, and lex soli applies for his Canadian citizenship because of his birth on Canadian soil.

Example 4: A British citizen also holds European Union and Commonwealth of Nations citizenship. In addition, most UK citizens born in Northern Ireland are also entitled to citizenship of the Republic of Ireland.

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