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DIRECTOR OF ADM.
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While the reduction of dual nationality underlies the PRC's elaborate diplomatic efforts to deal with the problem over the years by treaties or ad hoc settlements," these efforts are more an expression of China's desire to improve relations with its Southeast Asian neighbors than a concrete measure to amend nationality law.
II. ANALYSis of the 1980 Law
Compared to its predecessors, the 1980 law is brief. In only eigh- teen short articles, the Chinese have covered most issues relevant to nationality law. These include original acquisition of nationality and naturalization; dual nationality; renunciation (by application or opera- tion of law); restoration of Chinese nationality and administrative or- gans for implementing the law. Such brevity is not uncommon to PRC legislation, but naturally it results in some ambiguity and incomplete- ness, and leaves large room for administrative discretion. These condi- tions present potential problems in the new Nationality law.
A. Acquisition and Retention of Nationality
The 1980 law provides only two means of acquiring PRC national- ity: by birth and by naturalization. The law fails to provide a method for determining the nationality status of foundlings.
1. Acquisition at Birth
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Depending on the parents' nationality and the child's place of birth, the new law contemplates three different situations in which Chinese nationality would be acquired at birth: (1) a child born in China whose parents are Chinese nationals, (2) a child born abroad whose parents are Chinese nationals, except where the child's parents have settled abroad and the child acquires foreign nationality at birth," and (3) a child born in China whose parents are stateless or of uncertain nationality, but who have settled in China." The first two cases combine the concepts of jus sanguinis and jus soli: the place of
32. See infra notes 95-100 and accompanying text.
33. 1980 Nationality Law, arts. 4-6.
34. 1980 Nationality Law, arts. 7-9.
35. Article 4 of the 1980 Nationality Law states: "Any person born in China whose parents are Chinese nationals or one of whose parents is a Chinese national has Chinese nationality."
36. 1980 Nationality Law, art. 5.
37. Article 6 of the 1980 Nationality Law states: “Any person born in China whose parents are stateless or of uncertain nationality but have settled in China has Chinese nationality."
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