DetailsChina's new draft regulation on consular protection and assistance published on March 26, 2018 should protect the security and lawful rights of Chinese overseas and restrain abuses of unnecessary consular assistance, according to the Ministry of Foreign Affairs of China.
The draft regulation clarified duties of both diplomatic departments and diplomats. If adopted, it would be the first such regulation in China. As China opens with “the Belt and Road Initiative”, this draft regulation will be helpful. When Chinese overseas are held in custody, arrested or have their liberty restricted, China's diplomatic departments and diplomats will request that Chinese be given humanitarian and fair treatment, the draft regulation reads.
The draft regulation also listed five circumstances which is not in the scope of consular protection and assistance including arbitration of civil and commercial disputes, investigation of any legal cases involving Chinese nationals or application for residence permit.
The draft regulation also advocated that Chinese overseas safeguard their personal rights in a rational way instead of uncivilized activities. Besides, Chinese overseas should pay attention to the cautious released by Ministry of Foreign Affairs or diplomatic departments and avoid staying at high-risk countries or regions. According to the draft regulation, China's diplomatic departments and diplomats should also obey local laws, religion and customs and fully take objective factors of the foreign nations into consideration. Obviously, such articles will help avoid “over-protection” of Chinese overseas and avoid abuse of power by diplomats.
More and more Chinese are traveling, shopping, investing, studying or living overseas. It is necessary to regulate consular protection to help Chinese abroad. If you have difficulties in law-related affairs abroad, you can also ask a lawyer for help.