Comprehensively promote the construction of the applicable legal system outside China
November 02, 2022 09:21 Source: "China Social Sciences" November 2, 2022 Total Issue 2521 Author: Jiang Xiaohong

In the 20th report of the party,General Secretary Xi Jinping emphasized "to strengthen legislation in foreign -related fields,Coordinated to promote domestic rule of law and foreign law -related rule of law "。Where,Speeding up the legal system construction applicable outside the Chinese government is one of the important contents of implementing this goal。

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The legal system construction applicable outside the domestic domestic government originated from the application of the abuse of the United States abuse of the United States。For this,my country has formulated the "Anti -San sanctions Law" and "Measures for the Application of Foreign Laws and Measures in Improper Outreach"。Maintaining national interests is the primary function applicable outside the country,But this should not be its only function。Domestic law is applicable to cope with the reality of national interests in the era of globalization and digitalization。other,In many areas,Insufficient supply of international multilateral rules,and its limitations and inadequate resolution of international problems with out -of -the -world factors,These have all caused the application of domestic law to become inevitable。So,Our attitude towards the abroad of domestic law should be neutral。In addition to protecting national interests,Domestic law is applicable to the field of field bet365 Play online games and should also serve a certain goal or even global goal of foreign policy。There are many overseas interests in my country,Urgent need to protect。Domestic law is applicable to the legal tool to deal with this reality。

National practice is an important stage for the formation of international rules。In the process of changing the role transition from participating in international rules to leading international rules,To win a greater right to speak,It is necessary to improve the soft power of participating rules。One of the channels is the internationalization of domestic rules。Chinese law should gradually obtain the world's identity。China as the second largest economy in the world,It should support the legal image that is commensurate with it。Current,my country's public law is applicable in China only in a limited range,If necessary,my country's country can consider expanding the application of Chinese law in a wider range of fields。Applicable to the field of domestion through Chinese law,Expand the influence of Chinese law,Gradually accepted by the world,Finally transformed into international rules。This is China participating in international governance、One way to lead international governance。Of course,This will be a long -term process,It is impossible to achieve it overnight,my country should have long -term planning。

Build a positive and aggressive jurisdiction system

Application for out -of -territory of domestic law is closely related to jurisdiction issues。Compared with the United States and the European bet365 Play online games Union,The jurisdiction system currently established by our country,Especially the jurisdiction system established by public law,Reflected more obvious conservative features。From the perspective of international law,The formation of this feature is largely derived from the long -term absence of my country's foreign relations method,How to treat foreigners、Lack of systematic thinking and other problems such as abroad。Thinking of Patriotism in legislation is obviously abandoned by the times,With the high -speed development of economic globalization and network,National interests have spilling outside the region,If you want to fully protect national interests,Maintain a moderate intervention of international affairs,Maintain legal retaliation and countermeasures and abilities of legal provocation of other countries,It is necessary to build a positive and aggressive jurisdiction system。

For this,Domestic legislation,It is necessary to pay attention to the functions that domestic law should assume in international relations。All domestic legislation,Regardless of the nature of private law,Legislative legislation of public law,You need to pay attention to this。theoretically,Each law,It should be ensured that its different degrees of out -of -the -territory applicability should be。Legislative legislation that is applicable outside the domain,It means that it cannot provide necessary legal tools in international relations。This,This legislation will neither provide protection Bet365 app download for national and national interests in the country,It is impossible to effectively cope with the legal challenges of other countries。EU when a concrete legislation was introduced,It is necessary to use a set of influence analysis tools to specifically evaluate the development policy of the legislation to the EU、Environment、Society、Potential effects brought by human rights policy and other aspects。my country can refer to the EU's approach,Strengthen the impact assessment on international law during domestic legislation,Especially in the future, my country will formulate the "Foreign Relations Law" in the future,It can be evaluated for the consistency of specific legislation and the "Foreign Relations Law"。Of course,This does not mean that every law must clearly stipulate that its out -of -domain applicability。

Applicable to the field of domestic law,At present, international law rules are put into time,There is a certain free tailor space in the formulation of rules。my country should improve legislative technology,In terms of legislative jurisdiction,The elastic space applicable to outside the domain should be added。The setting of national jurisdictions is constructive,You can give it corresponding elasticity according to your own interests。Although there are no specific rules in the international law,State practice indicates,The setting and exercise of out -of -domain jurisdiction must still be limited by the principles of international law,We must have sufficient legitimacy basis and use Bet365 lotto review reasonably。The setting of out -of -domain jurisdiction also requires high technicality,Can achieve its own purpose,The principle of international law,Therefore, the appropriate elasticity needs to be accurately evaluated,Precise control。

  Give full play to the ability of the judicial organs to apply in the domestic law outside the territory

I have a point of view, think,It can provide legal basis for the application of Chinese law by revising the "Legislative Law of the People's Republic of China"。I think,Even if there is no clear authorization of the legislative law,We can also give full play to the initiative of judicial interpretation to expand the application of my country ’s law。The ability to play judicial interpretation,It is the effective and convenient way to build a legal system outside the Chinese government。

The practice of the EU explains this。In the EU's constitutional basic treaty, there is no clear legal basis on the issue of EU law's application for external applications。European courts play an important role in the application of EU law outside the territory。EU law does not seem to have anti -domain validity positive。In judicial practice,European courts not only recognize the concept of prefatisfaction with outdoor performance,Applicable attitude towards the EU legal domain,Practitioning more judicial motivation,Continuously developing its method of making the law。In the legal system of the European Union,There are clearly stipulated out -of -the -territory applicable clauses in the limited number of European Union secondary bet365 live casino games legislation,In many cases,EU's secondary legislation is applicable to outside the territory is not very clear,It is uncertain if you have such a legislative purpose,There is a relatively large vagueness。The European court actually made normative power through the judicial case,Amended and supplemented the legislative intent of the EU legislature,to fill the loopholes of the basic treaty and supplement the lack of secondary legislation,Provide important legal origin to the EU legal domain,Become a strong behind -the -scenes pusher in the EU legal domain。

In the United States,A large number of "applicable range of fuzzy" law is determined by the US court to determine whether it has exterior effect。Actually,The fuzzyness of the applicable range is the common characteristic of the application of legislation outside the country。This exactly provides a space that can be used for the judiciary。Judicial institutions and legislators echo each other、Borrowing each other,Therefore, the goal of expanding the scope of the field of national law。In sharp contrast to the United States and the European Union is,The judicial practice of Chinese judicial organs on the application of my country is very limited。For this,my country can give a greater transnational judicial regulatory right to judicial organs in the field of foreign -related fields,Fully mobilize the judicial motivation of the judiciary。

 (The author is a researcher at the Institute of International Law of the Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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