Strengthening the construction of foreign-related rule of law from the perspective of global governance
2022-04-22
1、 The great significance of strengthening the construction of foreign-related rule of law Strengthening the construction of foreign-related rule of law is an objective need to promote the reform of global governance. Today's world is facing great changes that have not been seen in a century. The competition between unilateralism, hegemonism, multilateralism and liberalism is becoming increasingly fierce. Today's global governance system was established under the leadership of western countries led by the United States after World War II. It is the result of western countries exporting it into international rules through the power game between countries based on their domestic governance system. In essence, it is still conducive to safeguarding the core interests of western countries. Without touching the core interests of western countries, this global governance system can still play an effective role. However, once the core interests of western countries are touched, the inherent disadvantages of this global governance system will appear, but its internal mechanism and power are lack to effectively eliminate these disadvantages. Therefore, it is necessary to rely on external forces to jointly promote the reform of global governance. Today, with the shared destiny of all mankind, it is necessary to start from the global perspective of building a community with a shared future for mankind, strengthen the construction of foreign-related rule of law with an open and inclusive mind, actively participate in the construction of international rules, embed China's legal wisdom in the global governance system, and put forward the China plan. Strengthening the construction of foreign-related rule of law is the objective need for China to continue to deepen its opening to the outside world in the new era. Since entering the new era, the pace of China's opening to the outside world has been further accelerated. Strengthening the opening-up in the new era means not only strengthening the top-level design in the aspect of "bringing in", but also taking the initiative in the aspect of "going out". It not only requires that China's foreign-related rule of law construction in the fields of foreign investment management, entry-exit management, immigration management and customs management must be fully in line with the prevailing international rules, but also requires that the corresponding specialized legal countermeasures of anti sanctions, anti-interference and anti long arm jurisdiction should be further improved and perfected. Otherwise, problems such as "asking God is easy to send God is difficult" may occur in the "Introduction", And "going out" will lead to difficulties such as "making wedding clothes for others". Strengthening the construction of foreign-related rule of law is the objective need to implement the major strategic deployment of the CPC Central Committee. Since the 18th CPC National Congress, the CPC Central Committee has attached great importance to the construction of foreign-related rule of law. The Fourth Plenary Session of the 18th CPC Central Committee made a major strategic deployment for the foreign-related legal work in the form of party documents for the first time, and clearly proposed to "strengthen the foreign-related legal work"; The Fourth Plenary Session of the 19th CPC Central Committee clearly proposed to establish a legal system for foreign-related work; The Fifth Plenary Session of the 19th CPC Central Committee once again made a strategic deployment for the work of foreign-related rule of law, and clearly proposed to strengthen the construction of foreign-related rule of law system; The Sixth Plenary Session of the 19th CPC Central Committee clearly proposed to strengthen legislation in the field of foreign affairs, and profoundly pointed out the focus of the construction of foreign-related rule of law at present and in the future. This process not only reflects the continuous development and deepening of our party's understanding of the regularity of strengthening the construction of foreign-related rule of law, but also reflects the coherence and scientificity of the major strategic deployment of the Party Central Committee. 2、 Weaknesses in strengthening the construction of foreign-related rule of law at present However, there are still some shortcomings to be overcome in practice. First, the training of foreign legal talents needs to be strengthened. At present, the shortage of foreign-related legal talents in China is still prominent, which is rooted in the contradiction between the younger age of college students, the homogenization of educational content and the high difficulty of training foreign-related legal talents. Despite a series of powerful national policies, some well-known law schools have made a lot of beneficial attempts in terms of curriculum and postgraduate training, due to the high requirements for the training of foreign-related legal talents on teaching mode, teachers, training system, curriculum system and career orientation, teachers must not only be proficient in legal foreign languages, but also have rich foreign-related practical experience, It is also required to provide corresponding practical opportunities in the actual teaching process, and the reality is that at present, the well-known domestic law schools have some shortcomings in benchmarking the above requirements, which restrict the effectiveness of the training of foreign-related legal talents. Second, the foreign rule of law toolbox needs to be constantly updated. At present, China's foreign-related legal toolbox is constantly updated, and the management and Countermeasures in the foreign-related field are becoming more and more perfect, but some links or fields still need to be further improved, mainly reflected in: first, the legal management means in the foreign-related field are weak. In the fields of foreign investment, foreign aid, port and coast, consular protection and so on, there are problems that cannot be followed or the level of laws and regulations is low, and the proportion of policy documents of administrative organs in daily management is still high. Once legal disputes are involved, the judiciary will face difficulties such as being unable to rely on. In the fields of foreign trade, nationality management and management of foreigners in China, the current laws and regulations have more principled provisions and too much flexibility, which makes it difficult to have clear behavior guidelines to regulate in specific practice. Second, the Legal Countermeasures in the field of foreign affairs are weak. At present, although China has formulated a special anti foreign sanctions law, and there are foreign-related provisions in the fields of company law, securities law, administrative law enforcement, criminal justice and so on, the problems of highly scattered provisions and low operability still exist. Third, the means of legal sanctions in the field of foreign affairs are weak. Although China has issued the anti foreign sanctions law, its starting point is the legal reaction to the illegal sanctions against foreign hostile forces. For some foreign hostile forces seeking to harm China's core interests, there are still legal difficulties such as passive defense and unable to take the initiative. 3、 Improvement measures to strengthen the construction of foreign-related rule of law To strengthen the construction of foreign-related rule of law, we need to make an early layout from different perspectives such as talent training and policy guarantee, and focus on the following three aspects for continuous improvement from the perspective of global governance: First, we should further strengthen the training of foreign-related legal talents. The training of foreign-related legal talents involves multi-disciplinary systems such as politics, economics, law and foreign languages, especially the high requirements for foreign languages of legal majors. Because foreign-related legal talents are applied talents, social forces need to be introduced to participate in the training. Therefore, it is necessary to strengthen guidance and standardization in the top-level design. Specifically, first, through the establishment of special subject funds at the national level, scientific research institutions can be guided to strengthen the theoretical research on the training mode of foreign-related legal talents and relevant countermeasures and suggestions. Second, colleges and universities should further strengthen the construction of foreign-related legal talent training projects, introduce some law firms with good foreign-related business to participate in the training, on this basis, constantly strengthen process management, and gradually build and improve the talent training system, curriculum construction system, internship and employment system with orderly connection between universities, master's degree and doctoral degree and seamless connection between colleges and law firms. Third, we should be guided by legal vocational education, and constantly improve the effectiveness of practical teaching by holding mock court competitions, sending students to international institutions for internships and setting up legal clinic courses. Fourth, we should combine "going out" with "bringing in". On the one hand, we should select outstanding young teachers with great training potential to world-class famous schools for further study in an organized and planned way, and recommend excellent foreign-related legal talents with international competitiveness to important international institutions to serve as judges. On the other hand, we should provide special talent introduction funds to attract more high-end foreign-related legal talents to China's education, training, justice Arbitration and other relevant institutions, so as to continuously improve the overall level of teachers and the quality of talent training. Recently, the Ministry of justice, together with the Ministry of education and other departments, issued the notice on the implementation of foreign-related arbitration talent training project. The notice made specific arrangements for the foreign-related arbitration talent training system, which is an extremely beneficial attempt to strengthen the training of foreign-related legal talents in the new era. Second, we should further strengthen the construction of the foreign-related legal system. The core of the construction of foreign-related legal system is to form a complete system of foreign-related legal norms and an efficient implementation system of foreign-related legal system. To form a complete system of foreign-related legal norms, we must build it for the purpose of adapting to the new open economic system. We should focus on improving a series of legal systems related to foreign investment and foreign investment, including improving the negative list management system, national security review system, antitrust review system, unreliable entity list system, intellectual property protection system, etc. At the same time, we should vigorously strengthen the construction of the implementation system of foreign-related rule of law, including continuously strengthening foreign-related judicial assistance and effectively using the dispute settlement rules determined by multilateral organizations such as the world trade organization, so as to better use legal means to safeguard China's sovereignty, security and development interests. For the malicious use of illegal secondary sanctions to exercise "long arm jurisdiction" and damage relevant entities in China, we should resolutely fight back through a series of targeted legislative, law enforcement, judicial and other legal countermeasures, so as to block the continuous damage caused by such illegal acts to Chinese entities. Third, we should resolutely safeguard the international rule of law system with the United Nations as the core. In the current complex situation of increasingly frequent global problems and the increasingly fierce confrontation between unilateralism and multilateralism, the world needs a strong United Nations more than ever before. That is, to strengthen the construction of foreign-related rule of law and promote the improvement of global governance, we need to resolutely defend the international rule of law system with the United Nations as the core. First, from the global strategic perspective of building a community with a shared future for mankind, we should resolutely and forcefully counter acts that undermine the authority of the United Nations, violate the Charter of the United Nations and harm China's core interests in the name of the international community; Second, continue to deepen reform and opening up, constantly improve China's comprehensive national strength, and then expand the strength of multilateralism; Third, we should resolutely safeguard the authority of the United Nations, actively unite the vast majority of small and medium-sized countries, dare to speak on issues related to sovereignty, security and other principles, and take the initiative to put forward a series of proposals for the international rule of law system in line with the current reality on the basis of multilateralism, so as to contribute Chinese wisdom to global governance. (Xinhua News Agency)
Edit:Huang Huiqun Responsible editor:Huang Tianxin
Source:gmw.cn
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