General Secretary Xi Jinping clearly stated in the report of the 20th National Congress of the Party: "Strengthen the key areas、Emerging fields、Legislation in the field of foreign -related fields,Coordinated the promotion of domestic rule of law and foreign -related rule of law,Promote development with good law、Guarantee good treatment。"" Construction of foreign -related laws and regulations that are compatible with China's development stage and international status,It is a major issue for coordinating the promotion of domestic rule of law and foreign rule of law,is to maintain national sovereignty、The system of security and development benefits。In the construction of foreign rule of law,Foreign -related legislative work has a basic role,Provide the basis for other various foreign rule -related work。Generally referred to as "Foreign -related legislation",It is an abbreviation for laws and regulations that adjust foreign relations or affairs,It has multiple expressions,For example,Legislation in foreign -related fields、Foreign -related laws、Legislative Legislative Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal Legal。
bet365 Play online games
Domestic rule of law and foreign -related rule of law is an unspeal out -of -the -art merger part of the rule of law in China,Interconnected between the two,complement each other。The construction of China cannot only talk about domestic rule of law and ignore the rule of law,Similarly,Foreign -related rule of law cannot be separated from or violated domestic rule of law。Two domestic rule of law and foreign -related rule of law should be considered as a whole,Overall thinking and promoting legislation with overall thinking,Can't take care of this。
Foreign -related legislation includes both laws and regulations that adjust foreign -related relations formulated by domestic legislatures,It also includes international law rules recognized by my country's current legal system to solve foreign -related relations,Therefore, foreign Bet365 app download -related legislation needs to emphasize overall thinking。Specifically,Although international law and domestic law are different legal systems,But because of the maker of domestic law and the maker of international law, they are all countries,Therefore, international law and domestic law are not opposed to each other,Instead of close contact、penetration and complement each other。Interaction between domestic law and international law,On the one hand, it is reflected in the connection with the international treaty concluded or joined by my country; on the other hand, it is reflected in the participation and influence of domestic law on the formation of international law。For example,2020 my country's Modification Patent Law,The protection period of the exterior design patent right is extended from 10 years to 15 years,to adapt to the need to adapt to the need to join the "International Registered Hague Agreement of Industrial Products"。Another example,Since the 18th National Congress of the Communist Party of China,Legislative achievements in the field of ecological environmental protection in my country,provided Chinese solutions and wisdom for promoting global environmental governance。
With the in -depth advancement of the globalization process,A certain degree of convergence of laws in various countries,Domestic law is more integrated with international law,The relationship between international law and domestic law is getting closer。Deep complex changes in the world today、In the case of the connection and interaction of the same world in China,State legislation covers two aspects: narrow domestic legislation and foreign -related legislation,So,The overall thinking in legislative work seems more and more important。
Construction of the Foreign Foreign -related legal specification systemThere must be a broader legislative vision
Constructing the system complete、The foreign -related laws and regulations system that is connected to the facilities needs a broader legislative vision,Especially the vision of international law,Timely response to the new changes and development of international relations and international law。The most obvious point in this area is,Pay attention to the organic connection Bet365 app download between foreign legislation and international rule of law,Performing international obligations。
According to the principle of international law,If a country cannot fulfill international obligations due to its domestic law,It will bear international legal liability。There are three sources of international law obligations: First, international treaties participating in the country,The second is the International Law,Third, the United Nations Security Council made a resolution with mandatory legal binding for the United Nations Security Council in accordance with the 7th chapter of the United Nations Charter。where,The national treaty obligations are more common。For this,A country should transform the international law obligations that it undertakes through legislative measures into specific provisions in domestic law and implement it。One of the weaknesses currently existed in this area is,The applicable constitutional basis for international law in my country。my country's Constitution or Constitutional Law (such as the Legislative Law) has no explicit regulations on the effectiveness of international law (including international treaties and international habits) in my country's legal order,The applicable method of international treaties participated in my country in China and the status of Chinese law without direct legal provisions,Unexpectedly need to be supplemented from the "Constitution" and "Legislative Law" and other levels。On the one hand,When the Constitution and the Legislative Law are modified,Increase regulations on the relationship between international law and domestic law,If it is written into the "International Law", "International Treaty", "International Habits" and other content,Provide constitution or constitutional legal basis for coordinating the promotion of domestic rule of law and foreign -related rule of law。On the other hand,Should be concentrated、Packaging to modify the legislation of the treaty in foreign relations,Clarify the mechanism and procedures applicable to international treaties in different fields,The applicable dilemma of solving legislation decentralized cannot cover a huge amount of treaties。At the same time,Under the situation of "Civil Code", it cannot be clearly stipulated in the case Bet365 app download of domestic applicable rules for international treaties in the civil and commercial field,The Standing Committee of the National People's Congress can clarify the treaty of the treaty in my country when approved the Treaty of the Civil and Commercial Treaty,Or a judicial interpretation of the Supreme People's Court,Domestic applications of the treaty in the interpretation method。
By formulating、Modify or explain the corresponding laws and regulations to ensure that the relevant legislation is in line with the international treaty participated in my country,It is the deserved meaning of the perspective of international law in the legislative。For example,my country ’s“ Law of the Sea and the Connection Area ”is promulgated by the“ Convention on the United Nations Marine Law ”in my country,This law stipulates that my country's leading sea base line adopts a line -based baseline method,Another method that does not mention the delineation of the sea base line is the natural baseline (also known as normal baseline) method。According to the "Convention on the United Nations Marine Law" and international practice,The delineation of the straight line baseline is limited by some factors,and the application of the natural baseline method without restrictions。If my country revised the law 30 years ago,It is recommended to stipulate that the baseline system of the my country -based sea base line uses natural baseline and linear baseline。
Foreign -related legislation requires the vision of international law.,Continuously enrich the maintenance of the country's sovereignty、Safety and development benefits and respond to challenges、Legal "Toolbox" for preventing risks。Take the anti -air recognition zone system as an example。The air defense identification zone is a country based on air defense needs,The airspace delineated unilaterally in the public airspace led by the country。This approach currently has no direct legal basis in international law,It has not yet developed into a habit of international law,But since the 1950s,More than 20 countries include some major powers and some countries around my country have set up air defense identification zones and obtained the default of other countries。In view of the needs of the airspace security bet365 best casino games guarantee around China under the new situation,The Ministry of National Defense in November 2013 released the "Announcement of the Announcement of Aircraft Identification of the East China Sea Air Defense identification zone of the People's Republic of China",Announced the establishment of the East my country Sea Air Defense Recognition Zone。This is the Chinese government according to the international approach,Legislative measures aimed at protecting national security,Effective control of my country's military for the East China Sea Air Defense Recognition Zone,and take corresponding measures according to different air threats provided an institutional basis。
Key tasks and under the "coordinated"Actively participate in the formulation of international rules
The so -called "coordinated plan",Simply put, it is unified planning、Unified consideration and arrangement,Take into account all aspects。When formulating or revising the foreign legislation or law of foreign legislation or law,To make a unified planning,The quality of the entire legislation、Level and focus on legislation,Taking into account the general consideration of domestic rule of law and foreign law -related rule of law。Current,One of the key tasks of overall domestic rule of law and foreign law -related rule of law is to accelerate the construction of a laws and regulations that safeguard Chinese overseas interests。
The legislation of the protection of overseas interests in my country starts late,Not yet good,There is no special legislation for all kinds of overseas interests,Scattered in relevant laws and regulations,As a result, my country is investing with the host country、Lack of legal basis when the personnel and interests of personnel and other personnel are negotiated。Especially in recent years,my country's overseas interests face unprecedented risks and challenges,Unexpectedly need to fully supplement the relevant foreign -related legislation,Main suggestions are two: First, to speed up the formulation of my country's "National Exemption Law"。Laws and policy tools that respond to and counterfeit foreign countries that do not respect the exemption of my country's national exemption,Through special legislation, confirm that my country's long -term "restricted absolute exemption" bet365 best casino games policy,It can also be considered to quickly confirm the "absolute exemption of restrictions" policy through the authorization of the State Council。Legislation Clarifying Chinese characteristics "restricting the exemption of the country's list system", "ban system", "national rescue system", etc.,Take care of the protection of national interests and private interests。Second, the special cleanup of laws and regulations,Optimize the application of existing laws and regulations for existing laws and regulations。my country's current jurisdiction system is generally conservative,It can not meet the practical needs applicable outside my country's law domain。For example,In the field of people and business,my country has long adopted a relatively conservative position of judicial jurisdiction。For this,my country can learn from relevant foreign legislation,Clarify the legitimacy boundary of the external jurisdiction,A moderate expansion of the scope of applicable to the right of civil and commercial jurisdictions,Introducing the "appropriate connection" jurisdiction rules in these fields of law,instead of being required to have substantial contact with my country,Further construct a perfect jurisdiction of foreign -related civil and commercial jurisdictions、Law applicable and judicial assistance system; in the field of marine law,Reasonably set out off -domain validity clauses in related sea -related legislation,Establish a wider range of out -of -territory jurisdiction。
Deeply understand the meaning of the word "coordinated",We must strengthen domestic legislation,We must actively participate and strive to lead the formulation of international rules,Promoting the global governance system is more fair、Justice、Development of the direction of the rule of law,Created in the international institutional environment that I have favorable,and improve my country's right to speak and influence in the reform of China's global governance system。Current,In the ocean、Polar、Network、outer space、Nuclear safety、Anti -corruption、Anti -terrorism、Climate Change、Environmental pollution、Energy Security、Artificial Bet365 app download Intelligence、Poverty Alleviation and Disaster Reduction、Public Health and other fields exist in blank blank,In international financial order、The urgent needs of institutional innovation in the world trade order。my country should play its due role in major powers,Constructive participation,Contribution China Plan,Maintain and develop an international system based on the United Nations as the core and international order based on international law,To better respond to building a demand for the rule of law for the establishment of a human destiny community。
(The author is the Law School of Sun Yat -sen University、Southern Marine Science and Engineering Guangdong Laboratory (Zhuhai) Professor)
Friendship link:
Website filing number: Jinggong.com An Bei 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: 11-12 floor of Building 1, No. 15, Garden, Guanghua Road, Chaoyang District, Beijing: 100026
>