維基百科,自由的百科全書
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國籍是指一個人屬於一個國家的國民的法律資格,也是國家實行外交保護的依據。也有人認為國籍是個人對國家的絕對服從。各國將國籍做為立法的重要內容,是從十八世紀末,十九世紀初開始的。
目錄 [隱藏]
1 國籍的取得
1.1 根據出生取得國籍
1.2 通過加入取得國籍
2 國籍的喪失
3 雙重國籍
3.1 產生原因
3.2 法律身份
4 無國籍
5 自然人以外的國籍
6 國籍法
7 相關連接
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國籍的取得
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根據出生取得國籍
大多數人都是通過這種方式取得國籍。根據出生取得國籍分為:依血統和依出生地原則。
依血統:不論出生在何地,只要其父母一方為本國人,則子女就獲得父母一方或兩方的國籍,這種原則稱為:血統主義(jus sanguinis)。
依出生地:無論父母是哪國人,只要出生在該國的領土內,即自動獲得該國國籍,這種原則稱為:出生地主義(jus soli)。
世界上大多數國家採用血統主義和出生地主義相結合的原則。
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通過加入取得國籍
根據出生取得國籍,並非是按照個人意願的一種方式,而通過加入取得國籍的方式,則是根據個人意願或某種事實,並具備相關條件,才可取得它國國籍。
婚姻:一國男子和另外一國女子結緍,如果女子願意申請,則獲得男子所屬國的國籍,如女子所屬國的法律規定,不允許雙重國籍,則女子必須放棄本國國籍才可申請男子所屬國的國籍。
收養:一國國民收養無國籍或另一國的兒童,被收養者的國籍會發生改變,或者繼續保持收養者的原國籍。
自願申請:又稱歸化,是指一國國民自願申請另一國國籍。在入籍條件方面,許多國家都有一定的限制。
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國籍的喪失
分為自願和非自願,自願退出國籍是指退出本國國籍或成為無國籍人,或選擇它國國籍。因為某些國家不承認雙重國籍,要求申請它國國籍者,必須放棄本國國籍。非自願,是指因為政治原因或其它原因,而被剝奪國籍。
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雙重國籍
是指一個人同時具有兩國國籍或以上。
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產生原因
出生,有的國家根據出生地主義,有的國家根據血統主義,假如僑民所有的子女,一出生就會同時具有雙重國籍,或者父母的國籍不同,而使出生的兒童擁有雙重國籍。
婚姻:有些國家的法律規定本國男子與外國女子結婚,外國女子自動獲得本國國籍,而女子所屬國的法律又規定:因與外國人結婚,並不喪失本國法律。則該女子就獲得了雙重國籍。
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法律身份
理論上雙重國籍人在國際上會得到不僅一個國家的保護,但根據國際實踐一,以及1930年海牙國籍法公約第五條規定:具有一個以上國籍的人,在第三國境內,應被視為只有一個國籍,第三國在不妨礙適用該國關於個人身分事件的法律以及任何有效條約的情況下,就該人所有的各國籍中,應在其領土內只承認該人經常及主要居所所在國家的國籍,或者只承認在各種情況下似與該人實際上關係最密切的國家的國籍。
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無國籍
見無國籍人
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自然人以外的國籍
船舶的國籍:無論內陸國還是沿海國都有權在公海上懸掛表明船籍的旗幟,船在某個國家的港口,申請登記領取船籍證書,該國家就是這條船的船籍國,船的國籍保護船舶在公海上航行的權利,受船籍國管轄和保護。聯合國海洋法公約規定:國家和船舶必須有真正的聯繫,由於巴拿馬對船胉國籍的審批並不十分嚴格,使得很多外國人或外國公司懸掛巴拿馬的“方便旗”。
航空器的國籍:國際民用航空公約規定:航空器具有其登記的國家的國籍。一般在飛機的明顯位置噴塗表明飛機所屬國籍標誌,國際電訊聯盟分配給各國的國籍標誌代號是:美國的代號為N,英國的為G,法國的為F,日本的為JA,中華民國和中華人民共和國的標誌都是B。
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國籍法
中華人民共和國的國籍法在出生國籍上採用血統主義和出生地主義相結合的原則。 不承認中國公民具有雙重國籍。 根據中華人民共和國憲法規定,凡中國公民擁有外國國籍者,則自動喪失中國國籍。 (香港和澳門兩個特別行政區則根據兩地的基本法處理國籍問題。)
Multiple 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.