System thinking is coordinating the application of domestic rule of law and application in foreign rule of law
January 13, 2023 09:08 Source: "China Social Sciences" January 13, 2023 Issue 2572 Author: Zhao Jun

In the process of promoting the rule of law and foreign rule of law in overall planning,To promote the two to each other、complement each other,It is necessary to adhere to systematic thinking。System thinking is conducive to the basic concept of governing the country of the Communist Party of China、Basic experience and the background of the era of the world's 100 years of change,The global governance concept with co -discussion and co -construction effectively promotes the rule of law of international relations。

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First,As a theoretical thinking of guiding practice,System thinking through globality、Comprehensive、stereo、Dynamic and other structural characteristics define。The so -called global,It means that the system is thinking about strengthening the top -level design and overall planning,To form a overall effect、Get the overall effect as the target -oriented,Form a linkage pattern and integrated effect。Comprehensiveness is to realize that there is a correlation between different fields and different measures、The objective reality of coupling,Can't take care of this。A three -dimensional manifestation as a systematic thinking that takes governance objects and processes as a system as a whole,Pay attention to the horizontal comparison,Pay attention to the vertical comparison。Dynamic manifestations of the connection between the essence of the internal system and the connection between the system and the external environment are in a changeable state,The stability of the system is relative,The relationship between factors will continue to change over time。

2,System thinking has a comprehensive feature。This is determined by the actual laws associated with objective things,Bet365 lotto review It exists in the always -system relationship movement,It is also reflected in the final result of system thinking。The integrated features are based on the relationship between the overall and partial dialectics,The overall and part of the densely divide,While paying attention to the overallness of the system,It also needs to focus on the synergy between the factors。

third,System thinking has spatial characteristics。System thinking requirements are based on the mutual impact of governance elements、Governance and governance practice of interacting with each other in China。System thinking requirements are open to the outside world.,Focus on the participation and interests of internal and external elements in open policies and practice,Especially in the context of globalization,The economic and social development of various countries is highly dependent on,Promote interconnection、Accelerating integration and development has become an inevitable choice to promote common prosperity and development。

Fourth,System thinking has duration characteristics。Shouzheng and innovation are systemic thinking for history、Basic points to respond to reality。In systematic thinking,Shouzheng and innovation present a dialectical relationship between oppositional unity,In terms of systematic development,Keeping Zhengzheng and Innovation Supplement,enables the human cause to follow the past; in the process of handling the specific practice process,Shouzheng and innovation presented a unified situation due to different interest goals。

  System thinking and coordinated methodology

Coordination is the method of governing the country that the Communist Party of China has always adhered to。Now,Mutual dependence between the country is continuously enhanced,In the context of the Centennial Change Bureau and the National Revival,Not only should we promote the rule of law in China to obtain extensive support from domestic people,Realize the needs of domestic society,And to promote the rule of law from foreign countries to obtain general recognition from the international community。

Bet365 lotto review In terms of necessity。First,Theoretical needs to deal with the severe and complex risk challenges at home and abroad。The in -depth development of globalization makes domestic affairs highly interact with foreign affairs,International competition is increasingly reflected as a system、Rules、Disputes of legal。Next,The inevitable requirements of implementing the strategic layout of comprehensively in accordance with the law。As an important part of governing the country in an all -round way,The construction of my country's foreign rule of law is relatively weak and insufficient。Last,It is conducive to the formulation and improvement of my country's active participation in international rules、Promote the change of the global governance system,Provide a solid protection of the rule of law for building a community of human destiny。

Feasibility aspect。First,Material Dialectics provides a wealth of theoretical sources for coordinated methodology。From the perspective of theoretical context,Overview of methodology and materialist dialectics in the same vein,It reflects the essence of materialist dialectics。One aspect,The methodology of the overall plan is to fully consider the difference between the connotation between international rule of law and the domestic rule of law; on the other hand,,3307_3327,Foreign -related rule of law and domestic rule of law constitute the "two wings of birds、Two Rings of the Car "。

2,The leadership and excellent tradition of the Communist Party of China provides a strong political guarantee for the coordinated methodology。​​The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics,The biggest advantage of the socialist system with Chinese characteristics。The party's leadership is the fundamental principle of advancing the country in accordance with the law,It is also the fundamental guarantee for the overall planning to promote the rule of law and the rule of law from foreign countries。bet365 Play online games Leaving the party's leadership and the full application of the party's excellent theory,It is difficult to effectively promote it in comprehensive governing the country in accordance with the law,Socialist rule of law countries is also difficult to build。

third,my country's past policy and rule of law overall experience provides a rich practical basis for coordinated methodology。Since the 18th National Congress of the Communist Party of China,The Communist Party of China coordinates the overall layout of the "five -in -one" overall layout、Coordinated and promoted the "Four Comprehensive" strategic layout,The party and the state are fully opened up a new situation。Coordinated methodology is open to the public、Economic Construction、Existing experience in the fields of comprehensive deepening reform,It is the "stone of other mountains" that can be used to promote the rule of law and the rule of law from foreign countries.。

Fourth,The major achievements of the construction of the rule of law in China provide the rule of law for the coordination methodology。One aspect,Under the domestic rule of law,strongly promoting my country's systemic method to promote the systemic of national governance、Normality and coordination,The institutionalization and rule of law of advancing the coordination method,Effective implementation of the coordination method through the rule of law; on the other hand,The results of the construction of the rule of law from foreign countries also provide the necessary prerequisites and practical conditions for my country to further coordinate domestic rule of law and foreign law。

  Reality implementation and coordination method of system thinking

First,Specifications Coordinating: Regulatory contact between domestic law and international law。Under the theory of system thinking and coordinated development,It should be noted that domestic law and international law standards,Follow the benign interaction that promotes the rule of law and international rule of law。One aspect,In the process of improving the right to discourse international law,Often will be used Bet365 lotto review for internationalization of the useful experience of domestic law。The internationalization of domestic law corresponds,The domesticization of international law is also worth noting。International rule of law practice will have radiation effects on the international community,Not only restrict the external nature of individual behavior of the country,and "from the outside to the inside" will continue to affect the process of rule of law within the country。

2,Coordination of the field: Coordination of the rule of law association between governance and conflict。In global governance practice,Different governance areas or between topics often have correlation,This requires the contradiction between contradictions between different governance areas,Coordinate the association and conflict between various fields。such as,In the field of economy and ecology,To achieve ecological environment goals such as sustainable development,Some countries are adjusting the energy structure while,Also try to rule through trade、Investment regulation and other means to regulate the products using non -environmental raw materials and production methods。

third,Methods Coordinating: Dialectical Unity of Shouzheng and Innovation。Law is a form of social order that is biased and pursuing stable social order,But the conservativeness of the legal order does not exclude changes in the law or even change,It just emphasizes that the evolution of the law should be respected、Examine on the path of conservative state that revises the law。Shou is the foundation and direction,Innovation is source and power。Dialectical relations of guarding the innovation requirements properly observe and deal with the relationship between the relationship between the new rules and the existing regulations,In other words,This is related to whether it is necessary to create legal rules or systems in a specific field。

Fourth,links for links: dynamic connection of the rule of law link。The focus of improving the ability of foreign -related Bet365 lotto review legal struggles is to comprehensively use and reasonably coordinate legislation、Law Enforcement、Judicial and other links。In the struggle of the law,Legislation is the foundation、Law enforcement is grasping my hand、Justice is the line of defense。Legislation by promoting key areas,Construct a perfect and reasonable foreign -related legal system; by improving the foreign law enforcement system,Comprehensively enhance the capabilities and skills of foreign law enforcement; by strengthening foreign judicial ability,Maintaining the legitimate rights and interests of different nature behaviors。Enhanced legislation、After the core links of law enforcement and justice,It also needs to strengthen usage ability,This requires strengthening foreign -related legal services,Cultivate high -quality foreign -related rulers,The ability and level of continuously improving legal service personnel to safeguard legal rights and interests。

Fifth,Value Coordination: Coordinated Promotion of Basic Values。Coordinating the needs of domestic rule of law and the process of foreign rule of law needs to identify and implement the coordination and coordination of different values,This mainly includes safety and development、The value of fairness and efficiency is coordinated。such as,In the field of data cross -border flow supervision,Should seek overall national security under systematic thinking、Value relationship of information protection and efficiency,Find the value balance point of legal regulation in the field of data cross -border flow。

Sixth,Path overall planning: mutual support of the selection of governance mode。In terms of the global governance mode,There are two governance modes: "from top to bottom" and "bottom -up"。The governance mode of "top -down" often has a certain organizational order; the "bottom -up" governance mode reflects certain spontaneous。In terms of path selection of global governance,There are two different governance paths: "hard method" and "soft method"。In the field Bet365 app download of governance in severe differences,You can reach the "soft method" first,Since then, the "soft method" has continuously promoted the development of the "soft law" in the direction of the "hard method",Some areas can consider adopting a combination of "soft method" and "hard method",Promoting the benign interaction between the "soft method" and the "hard method"。

(The author is deputy dean of the Guanghua Law School of Zhejiang University、Professor)

Editor in charge: Changchang
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