Great Power Game and the Legalization of Foreign Relations
January 13, 2023 09:11 Source: "Chinese Social Sciences Journal" Issue 2572, January 13, 2023 Author: He Qisheng

With the improvement of comprehensive national strength,The game between my country and Western powers goes deeper,Mainly manifested as containment and counter-containment、Suppression and counter-suppression、The struggle between intervention and counter-intervention。Western powers often rely on their domestic laws to impose sanctions on our country、Interference、“Long-arm jurisdiction” and other measures,And showing integration、Multiple fields and normalized situation。This shows that the struggle for the rule of bet365 bonus code pa has become the focus of the game between great powers,It is urgent to systematically promote the rule of bet365 bonus code pa in my country’s foreign relations。General Secretary Xi Jinping pointed out at the Central Committee’s Comprehensive bet365 bonus code pa-based Governance Work Conference held in November 2020: “We must strengthen legal thinking,Use the rule of bet365 bonus code pa,Effectively respond to challenges、Prevent risks,Comprehensive utilization legislation、bet365 bonus code pa Enforcement、Carry out the struggle through judicial and other means,Resolutely safeguard national sovereignty、Dignity and core interests。”This important discussion clarifies the direction of my country’s advancement of foreign-related legal rule。In the process of establishing the legalization of foreign struggle,There are three issues worthy of attention。

First, the issue of externalization of Chinese bet365 bonus code pa。In recent years,In line with the principle of “urgent needs first”,my country has made remarkable achievements in the construction of foreign-related legal and regulatory systems,“China’s speed” is obvious to all。The "Foreign Investment bet365 bonus code pa", "Export Control bet365 bonus code pa", "Regulations on the Unreliable Entity List", "Measures for Blocking Improper Extraterritorial Application of Foreign Laws and Measures" and "Anti-Foreign Sanctions bet365 bonus code pa" have been promulgated,The "Anti-Monopoly bet365 bonus code pa" and "Securities bet365 bonus code pa" also include extraterritorial effect provisions。However,The current construction of the system for extraterritorial application of our country’s laws shows a state of “decentralization” and “fragmentation”。bet365 bonus code pa Enforcement、The efficiency of the judiciary also needs to be improved,The "pragmatic application" of the "tools" of the rule of bet365 bonus code pa in foreign struggles still needs to be strengthened。

The second is the internalization of international bet365 bonus code pa,Domestic application of international bet365 bonus code pa。For example,Article 142 of the original "General Principles of Civil bet365 bonus code pa" stipulates: The international treaties concluded or participated by China have different provisions from China's civil laws,Applicable provisions of international treaties,Except for the terms that China declares to reserve;There are no provisions in Chinese laws and international treaties that China has concluded or participated in,International practices can be applied。After the Civil Code takes effect,The above provisions are abolished with the abolition of the "General Principles of Civil bet365 bonus code pa",But there is no such provision in the Civil Code。How to deal with the relationship between international treaties and domestic bet365 bonus code pa,Not only a hot topic discussed by international bet365 bonus code pa scholars,It is also a problem that foreign-related judicial trials have to face。In practice,Repeated due to the above provisions,Some courts have cited Article 267 of the Civil Procedure bet365 bonus code pa regarding the direct application of international procedural bet365 bonus code pa treaties,Apply to international substantive bet365 bonus code pa conventions。Such confusion is just a microcosm of the problem of internalization of international bet365 bonus code pa。The reason,my country’s foreign-related legal system has long been lacking in dealing with the relationship between international treaties and domestic bet365 bonus code pa、Provisions on the domestic application of international treaties and other issues。

The third is the issue of power distribution among state agencies in handling foreign relations。Use legal thinking、The rule of bet365 bonus code pa method to deal with sanctions from Western powers、Interference and “long-arm jurisdiction”,is a matter involving legislative jurisdiction、Comprehensive issues of jurisdiction and bet365 bonus code pa enforcement jurisdiction。Legislative jurisdiction refers to a country making its laws to apply to people、Power of property or conduct,is the source of extraterritorial application of relevant laws;Jurisdiction refers to the power of a country to apply laws to persons or things through its judicial organs,Enable the court to exercise jurisdiction based on “minimum contact” or “effect principle” etc.;bet365 bonus code pa enforcement jurisdiction refers to the power of a country to force (someone) to comply with its laws through its coercive force。In handling external relations,Legislation、Coordination by judicial and bet365 bonus code pa enforcement agencies、Clear rights and responsibilities,Only in order to give laws extraterritorial effect,Only for foreign-related bet365 bonus code pa enforcement、Effectiveness of judicial implementation。

The above three questions are relatively independent,But highly unified。First,The three logically present the structure of "one body and two wings",Jointly drive the development of foreign relations。Among them,The internal power distribution of a country is the main body,The two wings are the externalization function of domestic bet365 bonus code pa and the internalization function of international bet365 bonus code pa respectively。Secondly,Three issues have a certain degree of "constitutional" or "fundamental" characteristics。The problem of externalization of domestic bet365 bonus code pa,For example, the extraterritorial application of our country’s laws,The core is the issue of legislative jurisdiction,Concerning the scope of power of our country’s legislative body。The internalization of international bet365 bonus code pa requires determining the status of international bet365 bonus code pa in the domestic legal system,It is usually stipulated in the constitutions of various countries。As for internal power distribution issues,There is no doubt that it involves the distribution of powers and responsibilities of state agencies。The above issues also mean that the legalization of foreign relations requires constitutional laws to govern。Finally,The above three issues run through the domestic rule of bet365 bonus code pa、Foreign-related rule of bet365 bonus code pa and international rule of bet365 bonus code pa。The issue of internal power distribution in foreign relations is a country’s domestic rule of bet365 bonus code pa issue,However, state agencies are also given foreign-related powers and responsibilities;The external function of domestic bet365 bonus code pa is an important part of a country’s foreign-related legal rule,Whether it is legislation、bet365 bonus code pa enforcement or judicial level,Legalization、Transparency is a basic requirement;International bet365 bonus code pa is the authoritative way of global governance,The internalization of international bet365 bonus code pa itself is an important part of international rule of bet365 bonus code pa。Therefore,The legalization of foreign relations is to connect domestic rule of bet365 bonus code pa and international rule of bet365 bonus code pa、An important hub for coordinating domestic rule of bet365 bonus code pa and foreign-related rule of bet365 bonus code pa。

The structure of “one body and two wings” explains the core content of systematically promoting the construction of the rule of bet365 bonus code pa in foreign relations。Whether it is enacting laws with extraterritorial effect,It is better to further implement the extraterritorial application of our country’s laws,Or clarify the application of international treaties in our country,Everything needs a bet365 bonus code pa to coordinate and integrate。Therefore,Our country needs a coordinated legislation、bet365 bonus code pa enforcement and judicial authorities,Strengthening the implementation of foreign-related laws,bet365 bonus code pa to strengthen departmental coordination and cooperation,Can be called "Foreign Relations bet365 bonus code pa" or "Foreign Cooperation bet365 bonus code pa"。From a theoretical and logical level,This bet365 bonus code pa should include the following contents。

一,In terms of externalization of domestic bet365 bonus code pa,This bet365 bonus code pa must not only clarify the “construction of a legal system applicable outside the jurisdiction of China”,It is even more important to clarify the basic principles of our country’s legislative jurisdiction。Clearly “Construction of a legal system applicable outside the jurisdiction of Chinese bet365 bonus code pa”,Can provide a basis for the extraterritorial application of my country’s laws in specific areas;This requires clarifying the scope and boundaries of our country’s legislative jurisdiction,That is,Our country can exercise foreign-related legislative jurisdiction based on the following matters: (1) Persons within the territory of the People’s Republic of China、Property and Behavior,That is, the principle of territorial jurisdiction;(2) Behaviors that have a substantial impact within the territory of the People’s Republic of China,The principle of jurisdiction by effect;(3) The behavior and interests of our nationals outside the territory of the People’s Republic of China,The principle of positive personal jurisdiction;(4) Acts that harm our nationals outside the territory of the People’s Republic of China,That is, negative personal jurisdiction;(5) The sovereignty of the People’s Republic of China conducted by foreigners outside the territory of the People’s Republic of China、Conduct in safety or fundamental interests,The principle of protective jurisdiction;(6) International crimes of general concern,The principle of universal jurisdiction。

 Second,In the internalization of international bet365 bonus code pa,This bet365 bonus code pa must formulate principled provisions,To clear up the source of the relationship between domestic bet365 bonus code pa and international bet365 bonus code pa,Establish basis。Relevant content should include the good faith performance of international treaty obligations,That is, our country follows the generally recognized principles of international bet365 bonus code pa、Rules and systems,Abide by international treaties concluded with foreign countries,International obligations to fulfill commitments in good faith。Also,It should also include the relationship and status of international bet365 bonus code pa and our country’s legal system、Application of international treaties、The geographical scope of application of international treaties in our country、Issues such as treaty interpretation。

 Third,Internal power distribution,This bet365 bonus code pa should clarify the bet365 bonus code pa on neutrality in foreign relations、Different functions of bet365 bonus code pa enforcement and judicial agencies。External relations bet365 bonus code pa should separate internal affairs and external affairs,Focus on external relations between countries,Aimed at promoting our country’s foreign exchanges。At the same time,Free the country’s external actions from internal constraints,In particular, shield diplomatic actions from judicial review。Therefore,The core content of this part should be the distribution of powers and responsibilities of our country’s state agencies in foreign relations。

Weak countries have no diplomacy,The normalization of the game between great powers has made the Foreign Relations Act the “standard configuration of great powers”。General Secretary Xi Jinping pointed out at the 35th collective study session of the Political Bureau of the CPC Central Committee: “We must persist in coordinating the promotion of domestic rule of bet365 bonus code pa and foreign-related rule of bet365 bonus code pa,Strengthening legislation in foreign-related fields,Promote the construction of a legal system applicable outside the jurisdiction of our country。The expansion of bet365 bonus code pa enforcement and judicial cooperation must be included as an important issue in the construction of bilateral and multilateral relations,Improving the judicial efficiency of foreign-related bet365 bonus code pa enforcement,Resolutely safeguard national sovereignty、Safety、Development interests。”This strategic decision also makes the promulgation of the Foreign Relations bet365 bonus code pa of great significance in the construction of the foreign-related legal system。First,The Foreign Relations bet365 bonus code pa is to coordinate the promotion of domestic rule of bet365 bonus code pa and foreign-related rule of bet365 bonus code pa,Overall foreign-related legislation、bet365 bonus code pa Enforcement、The proper meaning of justice。Secondly,With the Foreign Relations bet365 bonus code pa as the core,Only in this way can we ensure that the struggle for foreign-related rule of bet365 bonus code pa is systematic and "both offensive and defensive"、Comprehensiveness、Coordination。Finally,Governed by the Foreign Relations Act,Clear domestic bet365 bonus code pa and foreign bet365 bonus code pa、The relationship between domestic bet365 bonus code pa and international bet365 bonus code pa,Systematically promote the construction of the extraterritorial application system of our country’s laws,Strive to "defend" in the struggle for the rule of bet365 bonus code pa in foreign affairs to effectively counterattack,“attack” has legal basis,Form a systematic and complete foreign-related laws and regulations system。

(This article is part of a major project of the National Social Science Fund "Research on the System Construction of Extraterritorial Application of Chinese Laws from the Perspective of Private International bet365 bonus code pa" (20&ZD202) phased results)

(The author is a professor at Peking University bet365 bonus code pa School、Director of the Institute of International Economic bet365 bonus code pa at Peking University)

Editor: Chang Chang
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