General Secretary Xi Jinping clearly stated in the report of the 20th National Congress of the Communist Party of China: “Strengthen key areas、Emerging fields、Legislation in foreign-related fields,Coordinate the promotion of domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code,Promote development with good laws、Ensuring good governance。”Build a foreign-related legal and regulatory system that is compatible with China’s development stage and international status,It is a major issue to coordinate the promotion of domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code,It is to safeguard national sovereignty、Institutional basis for security and development interests。Under the construction of foreign-related legal rule,Foreign-related legislation plays a fundamental role,Provide basis for other foreign-related legal work。Commonly known as "foreign-related legislation",is an abbreviation for laws and regulations regulating foreign-related relations or affairs,It has many expressions,For example,Legislation in foreign-related fields、Foreign-related laws、Foreign-related legal legislation, etc.。
Coordinating the promotion of domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code requires overall thinking in legislation
Domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code are inseparable and organic components of the construction of rule of bet365 kentucky bonus code in China,The two are related to each other,Complement each other。The construction of rule of bet365 kentucky bonus code in China cannot only focus on domestic rule of bet365 kentucky bonus code and ignore foreign-related rule of bet365 kentucky bonus code,Same,The rule of bet365 kentucky bonus code involving foreign affairs cannot be separated from or violate the rule of domestic bet365 kentucky bonus code。Both domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code should be considered as a whole,Coordinate and promote legislation with holistic thinking,Can’t focus on one and lose the other。
Foreign-related legislation includes laws and regulations formulated by domestic legislative bodies to adjust foreign-related relations,Also includes international legal rules for resolving foreign-related relations recognized by my country’s current legal system,Therefore, foreign-related legislative work needs to emphasize holistic thinking。Specifically,Although international bet365 kentucky bonus code and domestic bet365 kentucky bonus code are different legal systems,But because the makers of domestic bet365 kentucky bonus code and the makers of international bet365 kentucky bonus code are states,Therefore international bet365 kentucky bonus code and domestic bet365 kentucky bonus code are not opposed to each other,But close contact、Interpenetrating and complementary。Interaction between domestic bet365 kentucky bonus code and international bet365 kentucky bonus code,On the one hand, it is reflected in the connection between foreign-related legislation and international treaties that our country has concluded or acceded to;On the other hand, it is reflected in the participation and influence of domestic bet365 kentucky bonus code on the formation of international bet365 kentucky bonus code。For example,my country’s Patent bet365 kentucky bonus code Revision in 2020,Extend the protection period of design patent rights from 10 years to 15 years,To meet the needs of my country’s joining the Hague Agreement on the International Registration of Industrial Designs。Another example,Since the 18th National Congress of the Communist Party of China,my country’s legislation in the field of ecological and environmental protection has made achievements that have attracted worldwide attention,Provides Chinese solutions and wisdom to promote global environmental governance。
With the deepening of globalization,There is a certain degree of convergence trend in the laws of various countries,Domestic bet365 kentucky bonus code is more integrated with international bet365 kentucky bonus code,The relationship between international bet365 kentucky bonus code and domestic bet365 kentucky bonus code is getting closer。Profound and complex changes in today’s world、China’s connections and interactions with the world are unprecedentedly close,National legislation covers both domestic legislation and foreign-related legislation in a narrow sense,Therefore,Overall thinking in legislative work becomes increasingly important。
Construction of a system of bet365 kentucky bonus code legal regulationsWe need a broader legislative vision
Complete construction system、The supporting foreign-related laws and regulations system requires a broader legislative vision,Especially the perspective of international bet365 kentucky bonus code,Respond to new changes and developments in international relations and international bet365 kentucky bonus code in a timely manner。The most obvious point in this regard is,We must pay attention to the organic connection between foreign-related legislation and international rule of bet365 kentucky bonus code,Effectively fulfill international obligations。
According to the principles of international bet365 kentucky bonus code,If a country cannot fulfill its international obligations due to the provisions of its domestic bet365 kentucky bonus code,will bear international legal liability。There are three sources of international legal obligations: First, international treaties to which the relevant countries are party,The second is customary international bet365 kentucky bonus code,The third is the mandatory legally binding resolution made by the United Nations Security Council in accordance with Chapter 7 of the United Nations Charter。Among them,State treaty obligations are more common。For this,A country should adopt legislative measures to transform its international legal obligations into specific provisions in domestic bet365 kentucky bonus code and implement them。A weak point in this aspect currently is,The application of international bet365 kentucky bonus code in our country lacks a constitutional basis。There is no express provision in our country’s constitution or constitutional bet365 kentucky bonus code (such as the Legislation bet365 kentucky bonus code) on the effectiveness of international bet365 kentucky bonus code (including international treaties and international customs) in our country’s legal order,There are no direct legal provisions on the application of international treaties that our country has participated in in China and their status in China’s domestic bet365 kentucky bonus code,It is urgent to supplement and improve it from the aspects of the Constitution, Legislative bet365 kentucky bonus code, etc.。On the one hand,When the Constitution and Legislation bet365 kentucky bonus code are revised,Add provisions on the relationship between international bet365 kentucky bonus code and domestic bet365 kentucky bonus code,Such as writing "international bet365 kentucky bonus code", "international treaties", "international customs", etc.,Provide constitutional or constitutional legal basis for the overall promotion of domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code。On the other hand,Should be cleaned up intensively、Package revision of legislation applicable to treaties in foreign relations,Clear the mechanisms and procedures for the domestic application of international treaties in different fields,Solving the dilemma of scattered legislation that cannot cover the application of a huge number of treaties。At the same time,When the Civil Code has not been revised and cannot clearly stipulate the domestic applicable rules of international treaties in the civil and commercial fields,The Standing Committee of the National People's Congress can clarify the applicable rules of the treaty in our country when approving a civil and commercial treaty,Or the Supreme People’s Court may issue a judicial interpretation,Clear the domestic application of treaties through legal interpretation。
Adopt formulation、Modify or interpret the corresponding laws and regulations to ensure that relevant legislation is in line with the international treaties to which our country is a party,It is the proper meaning from the perspective of international bet365 kentucky bonus code in legislation。For example,my country’s “bet365 kentucky bonus code on the Territorial Sea and Contiguous Zone” was promulgated before my country ratified the “United Nations Convention on the bet365 kentucky bonus code of the Sea”,This bet365 kentucky bonus code stipulates that the baseline of my country’s territorial sea shall be delineated by the straight baseline method,No mention of another method for delineating territorial sea baselines, namely the natural baseline (also called normal baseline) method。In accordance with the United Nations Convention on the bet365 kentucky bonus code of the Sea and international practice,The delineation of straight baselines is limited by some factors,There are no restrictions on applying the natural baseline method。If our country amends this bet365 kentucky bonus code enacted 30 years ago,It is recommended to stipulate that my country’s territorial sea baselines adopt a baseline system that uses a mixture of natural baselines and straight baselines。
Foreign-related legislation requires the perspective of international bet365 kentucky bonus code, which is also reflected in the ability to learn from internationally accepted practices,Continuously enrich and safeguard national sovereignty、Security and development interests and addressing challenges、Legal “Toolbox” to Prevent Risks。The air defense identification zone system is an example。The air defense identification zone is based on a country’s air defense needs,Unilaterally delineated airspace in public airspace outside the national airspace。This practice currently has no direct legal basis in international bet365 kentucky bonus code,It has not yet developed into customary international bet365 kentucky bonus code,But since the 1950s,More than 20 countries, including some major countries and some countries surrounding my country, have successively established air defense identification zones and have received acquiescence from other countries。In view of the need for airspace security around China under the new situation,The Ministry of National Defense of the People's Republic of my country issued the "Announcement on Aircraft Identification Rules for the East China Sea Air Defense Identification Zone of the People's Republic of China" in November 2013,Announcement of the establishment of my country’s East China Sea Air Defense Identification Zone。This is the Chinese government’s practice in accordance with international practice,Legislative measures taken to protect national security,For our military to implement effective control over the East China Sea Air Defense Identification Zone,And provide an institutional basis for taking corresponding measures according to different air threats。
Key tasks and tasks under "overall planning"Actively participate in the formulation of bet365 kentucky bonus code rules
The so-called "coordination",To put it simply, it is unified planning、Unified consideration and arrangement,Taking into account all relevant aspects。When formulating or amending separate foreign-related legislation or foreign-related provisions of a bet365 kentucky bonus code,We must make a unified plan,On the quality of the entire legislation、The importance and focus of legislation,Taking into consideration both domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code。current,One of the key tasks in coordinating domestic rule of bet365 kentucky bonus code and foreign-related rule of bet365 kentucky bonus code is to accelerate the establishment of a legal and regulatory system to safeguard China’s overseas interests。
Our country’s legislation on the protection of overseas interests started late,Not yet sound,There is no special legislation for the protection of various overseas interests,Scattered in relevant laws and regulations,Leading my country to invest in host countries、Lack of legal basis when negotiating rights and interests of personnel。Especially in recent years,my country’s overseas interests face unprecedented risks and challenges,There is an urgent need to comprehensively supplement relevant foreign-related legislation,There are two main suggestions: First, speed up the formulation of my country’s “State Immunity bet365 kentucky bonus code”。As a legal and policy tool to respond to and counter foreign countries’ disrespect for our national immunity,Confirm my country’s long-term “absolute exemption from restrictions” policy through special legislation,We can also consider quickly confirming the "absolute exemption from restrictions" policy by authorizing the State Council to legislate。Legislation clarifies the "restricted exemption country list system", "ban system", "state rescue system", etc. with Chinese characteristics,Balancing national interests and protecting private interests。The second is to carry out special clean-up work on laws and regulations,Optimize the extraterritorial application provisions of current laws and regulations。my country’s current jurisdiction system is generally conservative,It is still unable to meet the practical needs of the extraterritorial application of our country’s laws。For example,In the field of civil and commercial affairs,Our country has long adopted a relatively conservative stance on jurisdiction。For this,Our country can learn from relevant foreign legislation,Clear the legal boundaries of extraterritorial jurisdiction,Appropriately expand the scope of extraterritorial application of civil and commercial jurisdiction,Introducing the jurisdictional rule of “appropriate connection” in the extraterritorial application of bet365 kentucky bonus code in these areas,It is no longer required that the regulatory objects have substantial connections with our country,Further build and improve foreign-related civil and commercial jurisdiction、bet365 kentucky bonus code application and judicial assistance system;In the field of bet365 kentucky bonus code of the sea,Reasonably set up extraterritorial effect clauses in relevant maritime-related legislation,Establishing broader extraterritorial jurisdictional connections。
Deeply understand the meaning of the word "coordination",It is necessary to strengthen domestic legislation,We must actively participate in and strive to lead the formulation of international rules,Promote the global governance system to be more equitable、Justice、The direction of development of the rule of bet365 kentucky bonus code,Create an international institutional environment that is favorable to us,And improve my country’s voice and influence in the transformation of the global governance system。Currently,In the ocean、Polar、Network、Outer space、Nuclear Safety、Anti-corruption、Counter-terrorism、Climate Change、Environmental pollution、Energy Security、Artificial Intelligence、Poverty Alleviation and Disaster Reduction、There are institutional gaps in many fields such as public health,In the international financial order、There is an urgent need for institutional reform in the world trade order and other aspects。Our country should play its due role as a major power,Constructive participation,Contribution to China Plan,Maintain and develop the international system with the United Nations as its core and the international order based on international bet365 kentucky bonus code,Better respond to the need for the rule of bet365 kentucky bonus code in building a community with a shared future for mankind。
(The author is from Sun Yat-sen University School of bet365 kentucky bonus code、Professor of Southern Marine Science and Engineering Guangdong Laboratory (Zhuhai))
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