With the improvement of comprehensive national strength，The game between my country and the Western power is going deep，The main manifestation is curbing and anti -curb、Suppressing and anti -suppression、The struggle between interference and anti -interference。Western powers often rely on their domestic law to impose sanctions on our country、Interference、"Long Arm Jurisdiction" and other measures，and present integration、Multi -domain and normal situation。This indicates that the struggle for the rule of law has become the focus of the game of great powers，Systematic promoting the construction of the rule of law in my country's foreign relations is imminent。General Secretary Xi Jinping pointed out at the Central Committee of the Central Committee in November 2020: "To strengthen the thinking of the rule of law，Use the rule of law，Effective response challenges、Preventing risk，Comprehensive use of legislation、Law Enforcement、Judicial and other means to carry out struggle，Resolutely maintain national sovereignty、Dignity and core interests。"This important exposition clarifies the direction of my country's advancing the rule of law in China。During the construction of the rule of law on foreign struggle，There are three problems worth paying attention to。

First, the externalization of Chinese law。In recent years，Based on the principle of "urgent use first"，my country's foreign law -related laws and regulations and systems achieved great achievements，"China Speed" is obvious to all。"Foreign Investment Law", "Export Control Law", "Regulations on the List of Unreliable Entities", "Applicable Measures for Under the Application of Foreign Laws and Measures", and "Anti -Foreign Sanctions Law" have been introduced，"Anti -Monopoly Law" and bet365 best casino games "Securities Law" also included in the exterior validity terms。But，The current system of systems on the outside of the country in my country presents the state of "decentralization" and "fragmentation"。Law Enforcement、The effectiveness of justice also needs to be improved，The "pragmatic management" of the "tools" of the rule of law in the foreign country still needs to be strengthened。

Second is the introverted problem of international law，That is the domestic application of international law。For example，Article 142 of the "General Principles of the Civil Law" stipulates that the international treaty concluded or participated in China has different provisions with Chinese civil law，Applicable to the provisions of the international treaty，However, except for the clauses in China stated; Chinese law and the international treaty concluded or participating in China are not stipulated，Can apply international practice。"Civil Code" takes effect，The above provisions are abolished with the abolition of the General Principles of the Civil Law，But the Civil Code does not have such regulations。How to deal with the relationship between international treaties and domestic law，Not only hot topics discussed by international law scholars，It is a question that has to be faced with foreign judicial trials。In practice，It was abolished due to the above provisions，Some court quoted Article 267 of the Civil Procedure Law on the directly applicable provisions of the International Procedure Law，Apply it on the International Sports Convention。This kind of confusion is just a microcosm of the issue of internalization of international law。Reasons for the reason，my country's foreign -related legal system lacks the relationship between international treaties and domestic law、International Treaty applicable to the regulations in China。

Third, the issue of the power distribution of foreign relations with state organs。Use the rule of law thinking、The method of rule of law should deal with the sanctions of the western powers、Bet365 lotto review interference and "long arm jurisdiction"，It is a legislative jurisdiction、Comprehensive issues of judicial jurisdiction and law enforcement jurisdiction。Legislative jurisdiction refers to the formulation of a country to formulate its law to apply to people、Power of property or behavior，It is a source of applicable to the relevant legal domain; the right to judicial jurisdiction refers to the power of a country through its judicial organs to the law of people or things.，enables the court to jurisdiction with "minimum connection" or "effect principles"; the jurisdiction of law enforcement refers to the power of a country through its coercive force (a certain object) to comply with its legal power。In terms of foreign relations，Legislation、Judicial and law enforcement agencies coordinate and coordinate、Clear power and responsibility，can give the law give the law with extravagance，can we allow foreign enforcement、Judicial implementation efficiency。

The above three issues are relatively independent，but highly unified。First，The three of the three show the structure of "two -wing" in the logic，Common driving the development of foreign relations。where，The internal power distribution of a country as the main body，The two wings are the externalization of domestic law and the introverted function of international law。Next，Three issues have a certain degree of "constitutionality" or "basic" features。Exteriorization of domestic law，If it is applicable to the field of Chinese law，Its core is the issue of legislative jurisdiction，The scope of the power of the legislature in my country。Internalization of international law needs to determine the status of international law in the domestic legal system，It usually stipulates that in the constitution of various countries。For internal power distribution issues，There is no doubt the distribution of power and responsibilities of state organs。The above problems also means that the rule of law of foreign Bet365 lotto review relations requires the law of constitutional nature to lead。Last，The above three issues run through domestic rule of law、Foreign -related rule of law and international rule of law。Internal power distribution in foreign relations is the problem of domestic rule of law in a country，But also gives state organs with foreign -related power and responsibilities; the externalization function of domestic law is an important content of a country's foreign rule of law，Regardless of legislation、Law enforcement or judicial level，rule of law、Transparency is the basic requirement; and international law is an authoritative way for global governance，Internalization of international law is itself an important content of international rule of law。Therefore，The rule of law of foreign relations is the rule of law and international rule of law、Overall the important hub of domestic rule of law and foreign rule of law。

The structure of "Two Wings" explains the core content of the system to promote the construction of the rule of law in foreign relations。Whether it is to formulate laws with extravagance，Still further implementation of my country ’s law out -of -domain applications，or clarify the application of the international treaty in my country，All laws need a law to coordinate and integrate。Therefore，my country needs a coordination legislation、Law enforcement and judicial organs，Effective implementation of foreign -related laws，Laws that strengthen departmental coordination and cooperation，Can be called "Foreign Relations" or "Foreign Cooperation Law"。From the level of theory and logic，This law should include the following content。

One，In terms of exteriorization of domestic law，This law must not only specify the "construction of legal systems applicable outside the Chinese government"，It is necessary to clarify the basic principles of my country's legislative jurisdiction。Clarify the "Construction of the Legal System Outside of China"，It can provide a basis Bet365 lotto review for applicable to the legal domain of the specific fields of our country; and this needs to clarify the scope and border of my country's legislative jurisdiction，That is，my country can exercise the jurisdiction of foreign legislation based on the following matters: (1) People in the field of the People's Republic of China、property and behavior，The principle of the jurisdiction of the territory; (2) behavior in the field of the People's Republic of China，That is the principle of effect jurisdiction; (3)，Actively belong to the principle of human jurisdiction; (4) damage the behavior of our nationals outside the People's Republic of China，That is the jurisdiction of negative people; (5) The sovereignty of the People's Republic of China in the field of the People's Republic of China、Actions of safe or basic interests，That is to protect the principles of jurisdiction; (6) Generally concerned international crimes，The principle of general jurisdiction。

Its two，In the introvertedization of international law，This law should formulate principles，To deal with the relationship between the relationship between domestic law and international law，Create the basis。Related content should include the obligation to fulfill the international treaty，That is, my country follows recognized international law principles、rules and systems，Keep the international treaty concluded to the outside world，International obligations of good faith fulfilling commitment to commitment。Another，It should also include the relationship and status of international law and my country's legal system、Applicable to the International Treaty、International Treaty is applicable to the area of ​​our country、Treaty Interpretation and other questions。

Three，Internal power distribution，This law should clarify legislation in foreign relations、Different functions of law enforcement and judicial organs。Foreign Relations Law should separate internal affairs from external affairs，Focus on external relations between the country，It Bet365 lotto review aims to promote foreign exchanges in my country。At the same time，Makes the country's external operations from internal constraints，Especially for diplomatic behavior to avoid the impact of judicial review。Therefore，This part of the core content should be the issue of power and responsibilities in my country's state organs in foreign relations。

No diplomatic country，The normalization of the game of the big country makes foreign relations a "standard standard"。General Secretary Xi Jinping pointed out in the 35th collective study of the Political Bureau of the Central Committee of the Communist Party of China: "We must adhere to the overall planning to promote domestic rule of law and foreign -related rule of law，Strengthen the legislation of foreign -related fields，Promote the construction of the legal system applicable outside my country's government。It is necessary to incorporate the expansion of law enforcement judicial cooperation into important issues for the construction of bilateral multilateral relations，Improve the judicial efficiency of foreign law enforcement，Resolutely maintain national sovereignty、Security、Development benefits。"This strategic decision also makes the introduction of foreign relations laws in the construction of foreign -related rule of law。First，Foreign Relations Law is to coordinate the promotion of domestic rule of law and foreign -related rule of law，Total Foreign Capital Legislative Legal Legislation、Law Enforcement、The meaning of judicial should be。Next，Core for Foreign Relations，Only to ensure the systemicity of "both offensive and defensive" in the struggle between the rule of law and the rule of law、Comprehensive、Coordination。Last，Taking Foreign Relations Leaders，Clarifying the national law and foreign law、The relationship between domestic law and international law，Systematic promoting the construction of an applicable system outside my country，Strive for the "defense" that strives to fight foreign rule of law can effectively bet365 Play online games counter -counter，"Attack" has legal basis，Form the systematic foreign -related laws and regulations system。

(This article is the National Social Science Foundation's major project "Research on System Construction on the Foreign Field of China" (20&ZD202) Pharmaceutical results)

(The author is a professor at the School of Law of Peking University、Director of the Institute of International Economic Law of Peking University)