Adhere to the overall planning of the rule of law and foreign -related rule of law with the guidance of the 20th spirit of the party
January 13, 2023 09:14 Source: "China Social Sciences" January 13, 2023 Issue 2572 Author: Liu Huawen

The 20th National Congress of the Communist Party of China will take the rule of law for the first time as a special chapter discussion、Special deployment,Fully reflects the high attention of the Party Central Committee for comprehensively governing the country in accordance with the law。The report clearly emphasizes the overall planning to promote domestic rule of law and foreign -related rule of law。We want to guide the 20th spirit,In -depth understanding and grasping Xi Jinping's thoughts in the thinking of Xi Jinping's rule of law insisting on coordinating domestic rule of law and foreign rule of law。

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The 18th National Congress of the Communist Party of China has made a strategic deployment of comprehensively advancing the rule of law。The "Decision of the Central Committee of the Communist Party of China on Several Major Issues on the Governance of the country in accordance with the law" adopted by the Fourth Plenary Session of the 18th Central Committee of the Central Committee proposes to "strengthen the work of foreign -related legal work"。The Fourth Plenary Session of the 19th Central Committee of the CPC's "The Central Committee of the Communist Party of China on adhering to and improving the socialist system with Chinese characteristics to promote the national governance system and governance capacity to modernize several major issues" clearly stated: "Strengthening the work of foreign rule of law,Establish a legal system for foreign -related work,Strengthen the research and use of international law,Improve the level of rule of law from foreign -related work。"A recommendations of the Central Committee of the Communist Party of China on the Fourteenth Five -Year Plan for the Development of the National Economic and Social Development and the Farth Scenery Target of 2035" adopted by the Fifth Plenary Session of the 19th CPC Central Committee further emphasized the "strengthening the construction of the foreign rule of law system,Strengthen the use of international law "。

The Central Committee of the Central Committee held in November 2020 officially established the idea of ​​Xi Jinping's rule of law,The idea of ​​Xi Jinping's rule of law is clearly the guiding ideology of governing the country in accordance with the law。The meeting is proposed,We must adhere to the overall planning to promote the rule of law and the rule of law from foreign countries。Specifically,Requires to accelerate the strategic layout of the rule of law work in foreign countries,Coordinate and promote domestic governance and international governance,better maintaining national sovereignty、Security、Development benefits; strengthen the thinking of 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; to promote global governance change,Promote the establishment of a community of human destiny。

Speaking of the rule of law,There is a domestic rule of law、Three concepts of foreign rule of law Bet365 app download and international rule of law。From the perspective of Chinese positions and this position,The rule of law includes domestic rule of law and foreign -related rule of law; from the perspective of the international community,China actively participates in and maintains international rule of law based on international law。China ’s emphasis on foreign -related rule of law and global governance will greatly promote the enrichment and development of domestic law theory and practice,Promoting the popularity of international law in China、Research and use,It is conducive to the rule of law in China、Development of the rule of law from foreign countries,It is also conducive to the development of international rule of law in the world。

General Secretary Xi Jinping emphasized in the 20th report of the party,Continuously write a new chapter in the Time of Sinicization of Marxism,Continue to promote theoretical innovation based on practice,First of all,Persevere、Use the point of view that runs through it。In fact,These worldviews、Method Theory、The point of view of the position can also guide the work of overall domestic rule of law and foreign law -related rule of law。The six "must persist" mentioned in the report below to expand analysis。

  Must adhere to the people first

The rule of law is a neutral word,Good rule of law is good law and good governance。The nature of the rule of law in China is determined by the nature of the party。The Communist Party of China is a party that serves the people wholeheartedly。In China,Good law and good governance is the people -centered governance,Rely on the people,Rely on the people,Development results shared by the people。

The people's first intention is the fundamental original intention,Beard must not forget。Domestic rule of law, so,Foreign -related rule of law is the same。China's reform and opening up is the service for the people,For more than 40 years of reform and opening up,We are gradually integrated into the international economic system,Actively participate in the international system with the United Nations as the core,Actively maintain international order based on international law,Its foothold is also conducive to creating a good external environment,It is conducive to my country's socialist construction and development,The Chinese dream that is conducive to the realization of the great rejuvenation of the Chinese nation。Economic globalization is the general trend,The world connection is increasingly close。Our party specially emphasizes the need to coordinate two bet365 live casino games Domestic and international overall situations。In the process of comprehensively promoting reform and opening up and governing the country according to law,The people must first be used as a decision、The purpose of legislation and law。People call it,State -owned response。People care about environmental protection,Copy aspect of climate change,Domestic environmental law and international environmental law are developing rapidly,China Legislative Legislature、Law Enforcement、Judicial innovation highlights,Docking international rules at the same time,responding to the requirements of the Paris Agreement,Take the lead in proposing the "double carbon" target,and adopt a series of laws in the country、Administrative、bet365 best casino games Economic and other practical and effective measures。People hate corruption,National Heavy Boxing Anti -Corruption。Cage of tight power in China,Reform of the Supervision System、The effect of the formulation and implementation of the supervision method is obvious,Strengthen the signing of the extradition and criminal judicial cooperation agreement with overseas countries and regions、Strengthen the domestic law docking and international cooperation practice of the "United Nations Anti -Corruption Convention" approved by my country,Anti -corruption results are significant。

Now,Chinese enterprises and citizens go abroad、Going to the world is becoming more and more frequent,How to effectively protect the legitimate rights and interests of Chinese enterprises and citizens overseas,It is the top priority of the rule of law in foreign countries,Special need to strengthen the relevant legislation of consular protection,Government and society work together,Better use domestic law、Foreign Law and International Law,Prevent overseas vulnerability for Chinese enterprises and citizens。China is incorporating an important issue for expanding law enforcement judicial cooperation into the construction of bilateral multilateral relations,Extension of the security chain that protects the interests of our country。

  We must persist in self -confidence and self -reliance

The source of Chinese civilization is long,Excellent Chinese traditional culture is our development background。History since modern times has proven,Without the Communist Party, there is no New China,Only the Communist Party of China can lead the Chinese people to continuously move from victory to victory。There is no single model to imitate the rule of law,Simple copying or catering others can only ask for hard work。The development of the rule of law in China benefits from the absorption。More time,There is no ready -made road to go,Facing difficulties and challenges,We can only be based on our own situation、Conditions and abilities,Perform the corresponding legal top -level design,Then pay into practice or even try。

Intellectual property protection、Foreign -related arbitration and other work,Before starting China,There are corresponding international standards and experiences,But we must gradually develop according to the situation of our country,Active innovation,Active innovation,Practice proves that the development is getting better and better。Some Western countries are engaged in human rights politics,Attack China at every turn、pressure or even sanctions。China is not moving,Have your own development position and rhythm,China Human Rights Law Guarantee System is improved every day,Continuously promoting the comprehensive development of human rights cause,Confidence and self -reliance,Getting the world's attention。

Now we have to be more confident、Consciously coordinate domestic rule of law and foreign -related rule of law,Extend the advantages of domestic governance outward,Extend the innovative ability and innovation effectiveness。Some domestic departments or staff often think that their work has nothing to do with foreign work,Only the eyes are inward,This is wrong。The current era,Internet interconnection,bet365 live casino games Domestic and international communication,We have to stand higher,Active as,Active as,Integrate domestic rule of law and foreign -related rule of law,Coordinated consideration of the department or the job。

 We must persist in keeping up and innovation

The construction of socialist rule of law with Chinese characteristics has accumulated rich experience in the process of China's legal system,There is a certain direction、target and path。General Secretary Xi Jinping emphasized,To strengthen the original concept of the rule of law in my country、Judgment、category、Studies in theory,Strengthen the law system with Chinese characteristics、academic system、Construction of discourse system。He also pointed out,To summarize the experience of the construction of the rule of law system and the practice of the rule of law,Explain my country's excellent traditional rule of law culture,Tell the story of the rule of law in China,Improve the international influence and discourse rights of my country's rule of law system and the theory of rule of law。Under the guidance of Xi Jinping's thinking of the rule of law,Coordinating domestic rule of law and foreign -related rule of law can make big articles on guarding innovation。

The "Civil Code" passed in 2020 is the first law named after the "Code" since the founding of New China,It has a milestone significance。It draws the outstanding legal culture of the Chinese nation for thousands of years,Drawing on foreign advanced legal experience,The system summarizes the practical experience of China's social development and the construction of the rule of law,Realized the value system of the existing civil code for the world、Breakthrough of the institutional system,China has made new contributions to human rule of law civilization。Chinese civil law plays an important role in adjusting foreign -related civil law relations,The legislative space in this area is still very large。

With the use of new technology,"Smart Government" and "Smart Court" construction、"Sunshine Justice" construction, etc. to make China open in government affairs、Judicial disclosure and administrative and judicial efficiency improvement achieved curve overtaking,Development speed and level surpass many developed countries。Hangzhou、Beijing、The establishment and successful operation of Internet courts such as Guangzhou and other places are also prominent judicial innovation,Walking at the forefront of the world。,The more developed market,Active multinational exchanges and cooperation,Provide a steady stream of motivation for the development of China's foreign rule of law,Foreign -related legislation and law implementation facing new opportunities。Shouzheng Innovation,It is an inevitable requirement for high -quality overall planning of domestic rule of law and foreign rule of law。

  You must adhere to the problem -oriented

General Secretary Xi Jinping pointed out,There are still some shortcomings and deficiencies in my country's rule of law system,Insufficient legal norm system is not complete,Key fields、There are problems with weak points and blank areas in the relevant legal system of emerging fields,Especially the shortcomings of the rule of law in foreign countries are relatively obvious。

Coordinate domestic rule of law and foreign -related rule of law,It must be based on the actual situation of China,Practical solution to the problem。The Party'bet365 live casino games s Twenty Reports specially emphasized key areas、Emerging fields、Legislation in the field of foreign -related fields,is the top priority to promote the promotion of domestic rule of law and foreign rule of law。As General Secretary Xi Jinping's speech pointed out in the 35th collective study of the Central Political Bureau in December 2021,To strengthen national security、Technology Innovation、Public Health、Biological Safety、Ecological civilization、Legislative legislation such as preventing risks,Accelerate the digital economy、Internet finance、Artificial Intelligence、Big Data、Legislative pace of cloud computing and other fields,Efforts to improve the urgent need for national governance、Meeting the necessary legal system for the people's growing good life。Reform and opening up enter a new stage,Update more problems to be solved,The significance of strengthening relevant legislation is even greater,It is necessary to coordinate two bet365 live casino games Domestic and international overall situations,Coordinate the two areas of domestic governance and international governance,Organic connection,Forming linkage。

The United States launches a trade war on China,Still in finance、Technology and other fields to pressure China,Applicable to the domestion of American law at every turn,For Chinese companies、Organization or individual sanction,Seriously violated my country's legitimate rights and interests。General Secretary Xi Jinping pointed out,It is necessary to follow the principle of emergency use,Strengthen the legislation of foreign -related fields,Further improved counter -tailoring、Anti -interference、Anti -"long -arm jurisdiction" laws and regulations,Promote the construction of the legal system applicable outside my country's government。Facing outstanding problems,China has strengthened anti -foreign sanctions legislation in recent years,Pay more attention to the application of the country's law more,Continuously strengthen the legal supporting facilities of national foreign exchanges。

Practice is the only criterion for testing truth。Domestic rule of law and foreign law -related rule of law and its coordination must also come from practice,Serving the development of the country、People's Welfare and Social Governance needs,The trend and trend in line with the development of the times。Fundamental speaking,National practice is the real reason for the emergence and development of international law。Participate in and promote the rule of law,Also based on the actual situation of the country,Coordinating the domestic law、Expansion on the basis of the country's foreign rule of law。

  You must adhere to the system concept

Systematic and overall thinking is the characteristics of Chinese philosophy,It is also our institutional advantage。Domestic law and international law are two independent mutual、Different legal systems,One of the important differences between the two is that the domestic legal system is more complete,Not only systematic rules,And there is a comprehensive implementation guarantee,The fragmentation characteristics of international law are obvious,Lack of coordination of rules,There are many phenomena of "blank" and "lawlessness",More lack of supervision or implementation guarantee bet365 best casino games that can compare with domestic legal category。International Law in the whole and specific fields has the characteristics of the unsure of the system,But the content of itself is complicated,Already everything,All aspects of social development。This brings opportunities and challenges to a country's participation in international governance。

As far as the domestic rule of law in my country is concerned,The system of pure domestic rule of law is relatively complete,But there are obvious gaps and contrasts in foreign rule of law,The same fragmentation、No problem of the system,Reform and opening up with my country, exchanges foreign exchanges, and maintain national sovereignty、The actual needs of security and development benefits are not compatible with。Highlighting the key points、At the same time of overcome difficulties,There should be systemic thinking,Do a good job of top -level design,The requirements of the overall planning of the rule of law and the rule of law from foreign countries will be implemented on all legislative fields and the work links of the rule of law。

Only long -term plan,Comprehensive deployment,Only a headache can be achieved、foot pain medical feet,tired to cope。Law research providing intellectual support cannot be simply hoped to be short、Ping、Fast short -term effort。Lack of Lack of Talents in Foreign Foreign Law is a big problem,Need to have ten years of trees、The sense of urgency and sufficient patience of the century -old tree。Talent training、Institutional construction、Coordination and development of mechanisms must be designed for the whole process,System Exercise,Jiu Jiu Gong。

  You must persist in the world

Professor Wang Tieya, an older generation of international jurists, once said,International Law scholars are both patriots,It is an internationalist。He said,No patriotism,There is no foothold in the study of international law; no internationalism,It is difficult to have room for development。The rule of law of the modern country includes the position and attitude of a country on international issues。China's legal world view is reflected in the preface of the constitution,First, adhere to the five principles of peaceful coexistence,Second is to actively promote the construction of a community of human destiny。Two organic contact,Is an overall。The 20th National Congress of the Communist Party of China continues to emphasize that China adheres to the five principles of peaceful coexistence with the development of friendly cooperation with countries,Promote the construction of a new type of international relations; especially for the essential requirements for the establishment of a community of human destiny as the modernization of Chinese -style modernization。

General Secretary Xi Jinping pointed out: "We must adhere to economic development as the center,Concentrate to do your own affairs,Continuously enhance our strength internationally。We must actively participate in global governance,Actively assume international responsibility,But do you have to do your best、Delivery。"" Based on the country,With the world,Good at cooperation,Based on national conditions,This is the overall planning of domestic rule of law and foreign -related rule of law,Carry out international exchanges and cooperation more effectively、Requirements for participating and leading global governance。bet365 live casino games The key is to follow the principle of unity of internal affairs and diplomacy,Under the guidance of the party's policy,According to constitutional laws,Based on national conditions,Objective laws according to law,Promote the legal interpretation of the law in accordance with the actual status and development laws and trends in the country and the international community、The formation of legal position and the development of legal practice。

China advocates upholding the common value of all mankind,Adhere to real multilateralism,Oppose Unilateralism、bullyingism。Principles and specific claims can be consolidated and promoted in the form of domestic law。China is assisting foreign aid、International Development Cooperation、Cross -border flow of data、International Health Cooperation、Anti -interference、Anti -sanctions and other aspects of foreign -related rule of law work especially need to be strengthened。Chinese rule of law, especially foreign -related rule of law, is the positive energy of international governance development。

In short,The 20th National Congress of the Party sounds the horn of comprehensively promoting the great rejuvenation of the Chinese nation with Chinese -style modernization。We must keep in mind the important judgments of General Secretary Xi Jinping: "A modern country must be a country in rule of law。"" Adhering to the overall planning of the rule of law and the rule of law from foreign countries is of great significance、Unsure。

(The author is deputy director of the Institute of International Law of the Chinese Academy of Social Sciences、Researcher)

Editor in charge: Changchang
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