【摘要】 西南边境地区外来同居者多数为非法移民,非法移民产生的原因与产生的条件不是同一个概念。产生非法移民的基本条件包括移民输入地已经是民族国家,其与移民输出地区或国家之间存在明确的边界线,移民输入地有明确的关于移民的相关法律、法规,外来移民的行为违反了这些法律、法规的相关规定,具有违法性。新中国成立后至改革开放前,中越、中老的边界尚未正式确定,中缅之间虽然签订了边界条约,但由于出入境管理存在特殊情况,依法认定非法出入境行为并进一步认定西南边境地区是否存在非法移民,就缺乏明确的法律依据及事实依据。中国至今没有制定专门的移民法,关于非法移民的研究也明显落后于时代发展,相关立法活动正经历一个逐步发展的过程。更多还原

【Abstract】 Most of the foreign cohabitants in the border area of southwestern China are illegal immigrants. The causes and conditions of these illegal immigrants are not the same. The basic conditions for illegal immigration include the following: the target place is already a nation-state,and there is a clear boundary between the source country/region and the target country/region.There are clear laws and regulations on immigration in the target country/region,and the acts of immigrants who have violated the relevant laws and regulations are regarded illegal. During the period between the founding of the People’s Republic of China and before the Reform and Opening-up,the boundary lines between China and Vietnam and those between China and Laos were not formally confirmed. Although China and Myanmar signed border treaties,there was no clear legal and factual basis for illegal entry and exit as well as the identification of illegal immigrants in the border area of southwestern China due to the special cases of entry and exit. China has not yet formulated a special immigration law until now and its research on illegal immigration also lags behind the historical development though relevant legislative activities are undergoing a kind of gradual development.更多还原