The triple implication of international law of Chinese characteristics
April 27, 2022 08:16 Source: "China Social Sciences" April 27, 2022 Total 2396 Author: Liang Kaiyin

The world is a big change in a hundred years,China as a responsible big country,Always maintain the international law system with the "United Nations Charter" as the core,Promote the construction of a community of human destiny。International Law of Chinese Characteristics adheres to the guidance of Xi Jinping's rule of law,The theoretical innovation and value adhere to the theoretical innovation and value of leading the traditional culture and Marxism of Chinese and Marxism,Contribute China Wisdom and China Plan for the realization of the international community。

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Modern Western mainstream international law theory, although it provides a certain explanation for the development of international law at different levels,But,This theory has not jumped out of the national individual interests and geopolitical games,No fundamental answer to the nature and effectiveness of international law,It is impossible to fully explain the historical legitimacy and ultimate significance of international law。And,The modern international law system that belongs to the West naturally exists in one -sided pursuit of form equality and the tendency of "strength" of international interests,This has led to the exacerbation of the rich and the poor in the international community and the disorder of democracy。It can be summarized into two aspects at all: First, ignore the maintenance of the overall interests of the international community,Lack of care for the ultimate significance and essence of human beings,State sovereignty strength、The legality of the interests of international individuals and the existing international pattern is deeply embedded in the modern international law system,Maintenance of the old international order,caused the international community's "Xiuchande trap"、The reality of the "zero sum" game and geopolitics; the second is the concept of "national interest",The fact that the national interests that the state bet365 best casino games seek in its foreign relations is the fact that the national interests of its foreign relations are the fact that the interests of specific classes or groups,The interests of a small number of international capital or multinational investors are hidden in the interests of developing countries and their people with the world's absolute majority.,To a certain extent, "North -South Contradiction"。In short,Modern Western mainstream international law theory does not allow international law to gain justice value that law should have,Instead, it is reduced to a tool for maintaining the old order of international political economy。

Marxism absorbs all the excellent results in the history of human thought,Realizing the "abandonment" of the philosophy of Western law and its social theory,is complete、Scientific World View and Methodology。Marxism about the freedom of humanity and the doctrine of human liberation is filled with the ultimate care of the meaning of the human community。The historical view of materialism always advocates that society is determined to determine social consciousness,The relationship between the country depends on the development level of the country's productive forces、The degree of development of social division of labor and internal exchanges,Pay attention to the power of the people,Emphasize human society and people -oriented thoughts。Its birth,provides a scientific tool and correct value guidance for the new development of international law。Caring for the well -being of the people、Following the overall development of human society into the basic value pursuit of Marxist international law。Only insist on being guided by Marxism,Only can fundamentally change the modern international law to ignore the overall interests of the international community and indulge in "weak meat and strong food",Abstract theory of the national interests of empty theory and ignore the specific well -being of the people of the people; in order to completely solve the problem of imbalance in the development of north and south in the context of globalization,Resolve global climate、Environment、Energy、Finance、International crisis such as epidemic prevention and control,Therefore, Bet365 app download a permanent peace、tolerance of each other、Green Development、New multilateral international relations shared and shared。

Not only that,Chinese Communists combine the political concept of "the world" advocated by Marxism and the excellent traditional culture of Chinese Chinese,The five principles of peace coexistence have been proposed、"Three Worlds" division theory、International Law Thoughts such as the concept of the Community of Harmony and Human Destiny,provides an inexhaustible theoretical innovation source and value engine for the improvement of global governance and international law,Enhanced the durability of China's international law to complete its historical mission。

  Leading the discourse system innovation of international law with the concept of human destiny community

The concept of the community of human destiny is the advanced concept of global governance in the new era,From the writing of the Chinese Communist Party Constitution to the Chinese Constitution,From writing to the relevant UN resolutions to loading the SCO cooperation document,It marks that it has developed from a country's concept to the consensus of the international community,An important guidelines for the inheritance and innovation of the international French talk system。

The International Fa -Labe System is a unity and openness: acknowledge the unity of the international law language system,Consistency of the international law -speaking communication platform and exchange tools,But do not recognize the "one word" of the Western international French discourse system; recognize the openness of the international law language system,It has maintained the innovation vitality of the international law language system,But do not recognize its intention to distort or deny the basic international system and international order。Developing countries due to the lack of position at the beginning of the modern international French talk system,and factors such as the specific economic and social development stage and special traditional cultural demands,The urgency of the development of the contemporary international law language system should be enhanced、sense of mission and responsibility。As a big country developed,The concept of the community bet365 live casino games of human destiny advocated by China,It reflects the deep care of the Communist Party of China for the fate of all human beings,Actively responded to people's legitimacy of international law,It is also the theoretical magic weapon that overcomes the lack of realism and liberal tendencies of the current international law。Practice indicates,Innovation around the international law -speaking system,Northern and South countries generally represent the power of international law innovation and conservative power,In other words,The majority of developing countries are responsible for the main force of the innovation and development of the international French language system,Ren Daoyuan。

Specifically,With modern communication、The development of network and transportation technology,Human society has greatly broke through time and space limit,Earth becomes "Earth Village"。In this sense,Humans have completed the return of "Primitive Community -International Community -International Community",Towards the more advanced human destiny community stage。Teneis divides the collective life of human society into two basic forms: community and society,It is believed that the adjustment mechanism and rules of community and society are different。International Law in the new stage of the new stage of human destiny,Of course, it is different from the traditional international law of the "post -Westpulia meeting era": the overall interests and common interests of the international community are increasingly independent of the "individual" interests between sovereign countries and their mutual mutual,The survival and development of the living community of human beings should be given priority protection;、Co -construction、Sharing "" Priority Protection of International Public Interests "and" Sustainable Development "and other principles have risen into basic principles in different fields of international law; the spirit and value pursuit of international law will also change correspondingly,Pursuing the international community's peace before the World War II,Promote international economic cooperation after "World bet365 live casino games War II",Until the stage of the community of human destiny, it pays more attention to the protection of the common and overall interests of international and overall interests,International Law also follows the "Coexistence International Law",After "Cooperation International Law",A new stage of "Sharing International Law"。This stage of transformation,Not only requires in -depth innovation of international law theory,And for the network、Data、outer space、Ocean、Common Business in the Polarity and other fields、Co -construction、The sharing mechanism proposes a new mission。

  Based on the ideological interaction of international law and domestic law with Xi Jinping's rule of law

Xi Jinping's rule of law is the latest achievement of Sinicization of Marxist law theory,It not only scientifically answered a series of major theories for the construction of socialist rule of law with Chinese characteristics、System and Practice Questions,also profoundly explained the democratization and rule of law of international political and economic relations under the background of a hundred years of unreasonable changes,Indicates the "lasting peace in the future world、General security、Common prosperity、Open tolerance、Cleaning Beauty "international governance goals and prospects for the rule of law,Become a guidance idea to build new international relations and international law order。

General Secretary Xi Jinping pointed out,"We should create a pursuit of the rule of law、Future of fairness and justice。To improve the status and role of international law in global governance,Ensure that the international rules are effectively observed and implemented,Persist in democracy、Equality、Justice,Construction of international rule of law "。In -depth implementation of Xi Jinping's thinking of the rule of law,It is necessary to consciously follow the concept of "coordinating the promotion of domestic rule of law and foreign rule of law",Correct understanding and grasping international rule of law、The logical relationship between the rule of law and the rule of law of the rule of law and the domestic rule of law。Achieve global governance,Both need to Bet365 lotto review implement effective governance within the sovereign state in accordance with the domestic law,That is domestic rule of law,Also requires cooperation in various countries,Multiple governance of international relations based on international law,That is international rule of law。Foreign -related rule of law belongs to the cross -area of ​​international rule of law and domestic rule of law,Is the extension of the domestic rule of law,is a mechanism or bridge for international rule of law and domestic rule of law。Foreign -related rule of law cannot be achieved by relying on domestic rule of law,It has the "external nature" that it requires it to be expanded in a complex international rule of law environment,It must be rely on international rule of law to finally realize。This feature determines,Foreign -related rule of law cannot be separated from the coordinated development of international rule of law and domestic rule of law,Can't leave the benign interaction between international law and domestic law。In the current practice of rule of law,To maintain high theoretical consciousness,Coordinating the development of international law and domestic law,Cultivate more theoretical and practical talents for my country。

The Chinese nation that is increasingly closer to the center of the world stage promotes the democratization and rule of law in the international community,Urgent requesting China International Law to carry out comprehensive capacity building and upgrade,Continuously improves the international law theory that matches the comprehensive national strength and international status of my country,Provide a solid academic support for the international rule of law system advocated by China。The recognized international regulations as the product of human rationality,It is a behavioral specification between the country,is the basis of the international social saying system,Of course it has become an indispensable means of participating in global governance。With the increasingly developed international community and the unremitting advancement of the construction of the community of human destiny,The international legal system will be compatible with the international community、Complex legal system coordinated with bet365 best casino games the domestic legal system。It can be said,The great rejuvenation of the Chinese nation must be accompanied by the rise of Chinese international law。To fully implement the idea of ​​taking the rule of law in Jinping,It is necessary to continuously improve the cognitive level of international law,For the true realization of the new order of international law, a breakthrough of the theory and system。

 (This article is the Study Research on International Investment Rules under the theoretical of the theory of the National Social Science Foundation of Human Destiny "(18AFX028) phased achievement)

(The author is the dean and professor of the Law School of Ningbo University)

Editor in charge: Chen Jing
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