Foreign Relations in the Construction of the State of the rule of law
January 13, 2023 09:07 Source: "China Social Sciences" January 13, 2023 Issue 2572 Author: Zhang Xinjun

Domestic rule of law and foreign -related rule of law,Central words are "rule of law"。"rule of law" in different legal systems,Its expression forms and implementation paths,Often and specific thoughts、Relief in historical background,Not a single、Absolute concept。The Rule of Law in British and American Law,It mainly refers to excluding human treatment,That is to exclude the power exercise of the dedicated power,Power guarantees the personal rights and freedom of the ruler under the constraints of the law。Similar to this principle of "rule of law","Rechetsstaat",Emphasize the implementation of the law through the law。The principle of "rule of law",It is consistent in preventing the exercise of personal freedom and rights in preventing the right of discipline,But the constraints of the "rule of law" are basically limited to administrative power and judicial power。So,The principle of "country rule of law" more emphasizes the importance of legislative organs: when judicial organs and administrative organs are exercising their power,It will inevitably be subject to legal constraints by the legislature,The legal integrity of the legislature is the foothold and basic guarantee of the country of rule of law。Compared with this,In the "rule of law" principle of British and American law,The discovery of the bet365 Play online games referee in the "law"、It also has an important role in formulation。

The concept of "rule of law" that is generally accepted in domestic law in various countries,It also has an impact in the field of international relations。The so -called "international rule of law" concept,In recent years, it has become a popular topic of regional and global。For example,The "Declaration of the High -level Meeting of the Domestic and International Congress of the Law in China" adopted by the United Nations General Assembly,The heads of the country reiterate "a solemn commitment to a rule of law -based international order",and confirm,"The principle of the rule of law is equal to all countries,Suitable for international organizations including the United Nations and its major agencies,Respecting and promoting the rule of law and justice should be the guiding principles that should be followed by various activities of various countries and international organizations,At the same time, the actions of various countries and international organizations give predictability and legitimacy "。

But,The concept of "rule of law" rooted in the domestic legal order,What does it mean in international relations,I did not get full discussion。The international rule of law is regarded as a political and superior political concept in today's world,But its exact meaning is still unclear。In the domestic legal order that was originally dominated —,The purpose of the "rule of law" is to exclude the discipline of power exercise,Make power under legal constraints,To protect the personal rights and freedom of the ruler。There is no central centralization,bet365 Play online games Instead of the current international community composed of equal sovereignty countries,There is no specific power that needs legal constraints。"International rule of law" for the international community of "equal rights structure",The more important practical significance is to ensure that the principle of equality in national equality in the formulation of international law、Explanation and application is thoroughly implemented,enables the country to ensure its legal national interests through international law。

Building a socialist rule of law is an important goal formulated by our party。General Secretary Xi Jinping pointed out,"A modern country must be a country in rule of law"。The construction of a country in rule of law in my country must be in line with the basic national conditions of socialism with Chinese characteristics,From the perspective of the principle -functional perspective,This is closer to the concept of the rule of law country in the mainland law。Visible,State of building a socialist rule of law,Not only requires the judicial organs and administrative agencies when exercising power,Must be restrained by legislature to formulate legal,It also puts forward higher requirements for the government's comprehensively improving governance capacity and level through exercise of power。From the perspective of building a country of rule of law,Coordinate domestic rule of law and foreign -related rule of law,On the one hand, we must summarize and follow the successful experience of the construction of socialist rule of law bet365 Play online games in my country,On the other hand, we must follow the particularity of foreign affairs to complete legislation,Make all issues involving foreign relations,Exercise of administrative power and judicial power can be dependent on,Effectively protect my country's own legal interests in a complex and changeable international environment。

Current,International relations and international environment are encountering a big change in a century。Coordinate domestic rule of law and foreign -related rule of law,There is a side of cooperation,There is also a side of struggle。It is undeniable,Respect and compliance with international law is the basis for cooperation in international relations。So,"The side of cooperation" requires us to be in the construction process of socialist rule of law,Always pay attention to exercising the right to exercise international law in accordance with the law、The international obligation of good faith performance。This is also the maintenance of national interests,helps in the process of the great rejuvenation of the Chinese nation,Construct a good external environment for continuous and stablely。

As far as the right to exercise international law in accordance with the law,Domestic rule of law and foreign -related rule of law in the country of rule of law are not opposed but complementary。Foreign -related rule of law is inseparable from domestic rule of law。For example,Under the principle of punishment,What kind of behaviors are constituted under the crime,What kind of punishment should you take for class,The state must clearly declare the individuals under their jurisdiction in advance。bet365 live casino games Criminal Legalism requires punishment、penalties must be clear,to ensure the possibility and freedom of personal actions。and matters given by international laws,Often only as general in treaties and customary methods、Abstract regulations。To better exercise the jurisdiction of the country through criminal punishment,Maintain national interests,Under the principle of punishment,No matter what kind of regulations of the treaty status of the treaty in our country,Domestic criminal legislation must be performed on the relevant matters involved in the treaty in a timely manner。Same,The principle of administrative principle in law in my country's administrative law、Legal reservation principles are important content。From the perspective of the narrowest "infringement retaining theory",During the implementation of the treaty,Administrative organs exercise public power to act on individuals under their jurisdiction,involves commands to the latter、Compulsory,Legislation must be carried out in domestic law,Otherwise,Even within the scope of the treaty,You can't take a search、Arrest、Administrative measures such as confiscation。Visible,​​At this stage, the overall planning of domestic rule of law and foreign rule of law,Not only is it conducive to maintaining my country's national interests,It is also conducive to improving my country's reputation in this process。

Similarly,In terms of good faith,,The judicial organs and administrative agencies of a country also have greater responsibility。bet365 best casino games In this regard,The construction of the country in rule of law will also play an important role。In traditional international law,Territory sovereignty is not limited to eliminating the rows of activities of activities in other countries in one country,It also means that the sovereign state in its field,It is necessary to ensure that the minimum protection of ruling objects is protected by international law。In modern international law,Regardless of management responsibilities in the field or involving the ocean、Environmental protection、The development and utilization of resources,All have formed a multi -level layer for the country、Rich obligation requirements。

Last,Regardless of the exercise of rights or obligations,Domestic justice and administrative activities of a country constitutes the practice of national practice and determine the formation and development of international law。In this sense,The so -called "international rule of law" also has a struggle for discourse。Representative words are the so -called "international order based on rules"。This saying is not only in showing the moral advantageous position,It even implies a certain kind of power of "walking for the sky",So as to put legitimate coats for hegemony,The current international law order is challenged on the principle of sovereign equality。The practice of good law and good governance in the construction of the country of rule of law,helps to deconstruct the so -called "international order based on rules",Show to fight for the international order of fairness and justice。

(The author is a professor at the School of Law of Tsinghua University)

Bet365 app download Editor in charge: Changchang
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anxie 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026