Interpreting “Settled Abroad” in China’s Nationality Law: Theory, Practice, and Problems

The globalization of China and active international migration across Chinese borders involving millions people have made understanding nationality law an issue tremendous importance. In recent years, disputes concerning arisen out undefined terms in the Nationality Law. At center is term “settled abroad,” which impacts those who acquire foreign children born to overseas citizens. limited literature legislative interpretations do not clearly define term. A thorough analysis shows that abroad” means permanent or long-term residency generally does scrutinize length actual residence period except for a complete absence undocumented migration. This Note further examines all publicly available cases disputing past seven years understand judicial practice. It turns courts also refrain from inquiring about non-criminal cases. sensitive nature discoordination among authorities prevented amendment interpretation law. makes two key contributions literature. First, it provides much-needed provisions Law profound implications people. contrast prior literature, often lacks sufficient comparison analysis, this addresses discussions comprehensive way. Second, first work applies empirical methods examine how apply Finally, offers several explanations stagnant policy angle.