In the report of the 20th National Congress of the Communist Party of China,General Secretary Xi Jinping emphasized “the need to strengthen legislation in foreign-related fields,Coordinate the promotion of domestic rule of bet365 coupon code and foreign-related rule of bet365 coupon code"。Among them,Accelerating the construction of the legal system applicable outside China’s jurisdiction is one of the important contents to implement this goal。
The international positioning of the construction of my country’s bet365 coupon code legal system
The construction of the legal system for the extraterritorial application of my country’s domestic laws originated from the response to the United States’ abuse of the extraterritorial application of U.S. laws。For this,my country has formulated the "Counter Sanctions bet365 coupon code" and the "Measures for Blocking Improper Extraterritorial Application of Foreign Laws and Measures"。Safeguarding national interests is the primary function of extraterritorial application of domestic bet365 coupon code,But this should not be its only function。The extraterritorial application of domestic laws is to cope with the reality of spillover of national interests in the era of globalization and digitalization。In addition,In many fields,Insufficient supply of international multilateral rules,And its limitations and inadequacies in solving international problems with extraterritorial factors,These all lead to the inevitable extraterritorial application of domestic laws。Therefore,We should maintain a neutral attitude towards the extraterritorial application of domestic laws。In addition to safeguarding national interests,The extraterritorial application of domestic bet365 coupon code should also serve a certain goal of foreign policy or even a global goal。Our country has many overseas interests,Urgent need of protection。The extraterritorial application of domestic bet365 coupon code is a legal tool to deal with this reality。
State practice is an important stage in the formation of international rules。my country is in the process of changing its role from participating in international rules to leading international rules,To win a greater voice,It is necessary to improve the soft power of participating in rule shaping。One of the channels is the internationalization of domestic rules。China’s laws should gradually gain world recognition。China is the world’s second largest economy,Should support a commensurate legal image。Currently,Our country only applies Chinese public laws extraterritorially to a limited extent,If necessary,Our country can consider expanding the extraterritorial application of Chinese bet365 coupon code in a wider range of areas。Adoption of extraterritorial application of Chinese bet365 coupon code,Expand the influence of Chinese bet365 coupon code,Gradually accepted by the world,Finally transformed into international rules。This is China’s participation in international governance、A way to lead international governance。Of course,This will be a long process,It can’t be achieved overnight,Our country should have long-term planning。
Build a proactive bet365 coupon code system
The extraterritorial application of domestic bet365 coupon code is closely related to jurisdictional issues。Compared to the United States and the European Union,The jurisdiction system currently established in our country,Especially the jurisdiction system established by public bet365 coupon code,Exhibits obvious conservative characteristics。From the perspective of international bet365 coupon code,The formation of this characteristic is largely due to the long-term absence of my country’s Foreign Relations bet365 coupon code,On how to treat foreigners、Lack of systematic thinking on issues such as behavior occurring overseas。The idea of adhering to territorialism in legislation has obviously been abandoned by the times,With the rapid development of economic globalization and networking,National interests have spilled beyond the region,If you want to fully protect national interests,Maintain moderate involvement in international affairs,Maintain the right and ability to legitimately retaliate against other countries’ legal provocations,It is necessary to build a proactive jurisdiction system。
For this reason,When making domestic legislation,We need to attach great importance to the functions that domestic bet365 coupon code should assume in international relations。All domestic legislation,Whether it is legislation of a private bet365 coupon code nature,It is still legislation in the nature of public bet365 coupon code,Everyone needs to pay attention to this。Theoretically,Every bet365 coupon code,All should ensure that they have varying degrees of extraterritorial applicability。Legislation without extraterritorial applicability,Means that it cannot provide the necessary legal tools available in international relations。This way,This legislation will neither provide protection for the country’s nationals or national interests abroad,It is also unable to effectively respond to legal challenges from other countries。When the EU introduces a specific legislation,To use a set of impact analysis tools to specifically assess the impact this legislation will have on EU development policy、Environment、Society、Potential impacts from human rights policies and other aspects。Our country can refer to the EU’s practices,Strengthen the impact assessment of international bet365 coupon code when making domestic legislation,Especially after our country enacts the "Foreign Relations bet365 coupon code" in the future,Specific legislation can be assessed for consistency with the Foreign Relations Act。Of course,This does not mean that every bet365 coupon code must clearly stipulate its extraterritorial applicability。
About the extraterritorial application of domestic bet365 coupon code,Currently the rules of international bet365 coupon code are lacking,There is a certain amount of room for discretion in the formulation of rules。Our country should improve its legislative technology,On legislative jurisdiction,The flexible space applicable outside the territory should be increased。The setting of national jurisdiction is constructive,You can give it corresponding flexibility according to your own interests and needs。Although there are no specific rules and guidelines in international bet365 coupon code,National practice shows,The establishment and exercise of extraterritorial jurisdiction are still limited by the principles of international bet365 coupon code,Must have sufficient legal basis and use it reasonably。The establishment of extraterritorial jurisdiction also requires a high degree of technicality,Able to achieve one’s own purpose,It is also in line with the principles of international bet365 coupon code,Therefore, the appropriateness of the corresponding elasticity needs to be accurately evaluated,Accurate control。
Give full play to the initiative of judicial organs in the bet365 coupon code domestic laws
There is a view,Amending the Legislative bet365 coupon code of the People's Republic of China can provide a legal basis for the extraterritorial application of Chinese bet365 coupon code。The author thinks,Even without explicit authorization from legislative bet365 coupon code,We can also give full play to the initiative of judicial interpretation to expand the extraterritorial application of our laws。Exerting the initiative of judicial interpretation,Is the effective and convenient way to build a legal system applicable outside Chinese jurisdiction。
The practice of the European Union illustrates this point。The EU’s constitutional basic treaties do not provide a clear legal basis for the extraterritorial application of EU bet365 coupon code。The European Court of Justice has played an important role in the extraterritorial application of EU bet365 coupon code。There does not seem to be a presumption against extraterritoriality in EU bet365 coupon code。In judicial practice,The European Court of Justice not only recognized the concept of presumption of extraterritorial effect,Allow the extraterritorial application of EU bet365 coupon code,Give greater play to judicial initiative,Continuously and actively develop its bet365 coupon code-making function。In the EU legal system,There are only a limited number of EU secondary legislation that clearly provide for extraterritorial application provisions,In many cases,It is not very clear whether the EU’s secondary legislation has extraterritorial application,It is not even certain whether there is such a legislative purpose,There is a relatively large ambiguity。The European Court of Justice actually exercises normative power through judicial decisions,Amend and supplement the legislative intention of the EU legislative body,Thus filling the loopholes in basic treaties and supplementing the deficiencies of secondary legislation,Provide important legal sources for the extraterritorial application of EU bet365 coupon code,Become a powerful force behind the extraterritorial application of EU bet365 coupon code。
In the United States,A large number of laws with “ambiguous scope of application” are left to the U.S. courts to decide whether they have extraterritorial effect。actually,The ambiguity of the scope of application is a common feature of all countries’ extraterritorial applicable legislation。This just provides the judiciary with room for active application。The judiciary and the legislative body echo each other、Leveraging each other,Thus achieving the goal of expanding bet365 coupon code scope of a country’s laws。In sharp contrast to the United States and the European Union,The judicial practice of our country’s judicial organs in the application of laws outside China’s jurisdiction is very limited。For this,Our country can give judicial organs greater transnational judicial regulatory power in foreign-related fields,Fully mobilize the judicial initiative of the judiciary。
(The author is a researcher at the Institute of International bet365 coupon code, Chinese Academy of Social Sciences)
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