What are the main requirements for strengthening the construction of foreign-related rule of law

2024-10-10

The rule of law involving foreign affairs is an important component of the socialist legal system with Chinese characteristics, which is related to the comprehensive rule of law and the overall situation of China's opening-up and diplomatic work. The Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese path to modernization puts forward: "Strengthening the construction of foreign-related rule of law." This important deployment is not only a long-term need to comprehensively promote the construction of a strong country and the great cause of national rejuvenation with Chinese path to modernization, but also an urgent task to promote high-level opening up and respond to external risks and challenges. From the perspective of better balancing domestic and international situations, better balancing development and security, we should deeply understand the importance and urgency of strengthening the foreign-related rule of law, accelerate the construction of foreign-related rule of law systems and capabilities that meet the requirements of high-quality development and high-level openness, and create favorable conditions and external environment for the stability of Chinese path to modernization. According to the spirit of the Decision, strengthening the construction of foreign-related rule of law mainly includes the following four requirements. Firstly, strengthen the Party's leadership over foreign-related legal work. The leadership of the Party is the most fundamental guarantee of socialist rule of law. The fundamental purpose of promoting foreign-related rule of law work is to better safeguard the interests of the country and the people through the rule of law, promote the progress of international rule of law, and promote the construction of a community with a shared future for mankind. Continuously improve and perfect the system and working mechanism of the Party's leadership in foreign-related legal work, optimize the linkage and horizontal coordination between the upper and lower levels, and firmly adhere to the path of socialist rule of law with Chinese characteristics. The work of foreign-related rule of law is a comprehensive and highly interconnected system engineering. It is necessary to strengthen top-level design, establish a working mechanism that integrates foreign-related legislation, law enforcement, judiciary, compliance and legal services, and the cultivation of rule of law talents, and form a large collaborative pattern of foreign-related rule of law work. Coordinate domestic and foreign-related rule of law, accelerate the strategic layout of foreign-related rule of law work, and comprehensively promote the construction of China's foreign-related rule of law system and capacity. Secondly, improve the system of foreign-related laws and regulations. The foreign-related legal and regulatory system covers all laws, regulations, and rules with foreign-related factors, and is a cross departmental legal norm. Since the 18th National Congress of the Communist Party of China, the depth and breadth of China's foreign-related legislation have been greatly expanded, and foreign-related legislation in important areas has been further strengthened. Various foreign-related laws have been formulated, including the Foreign Investment Law, Export Control Law, Anti Foreign Sanctions Law, Foreign Relations Law, and Foreign State Immunity Law. The revised and formulated securities law, data security law, personal information protection law, and other laws contain provisions related to foreign affairs, and the work of foreign-related legislation has achieved fruitful results. However, there are still some weak points and gaps in China's foreign-related legal and regulatory system, and the ability and level to participate in the formulation of international rules need to be further improved. Adhere to the principle of legislation first, adopt a combination of legislation, reform, abolition, and interpretation, focus on specialized foreign-related legislation, pay attention to improving relevant laws and foreign-related provisions, further improve anti sanctions, anti interference, and anti long arm jurisdiction laws and regulations, promote the construction of a legal system for extraterritorial application of Chinese law, and continuously improve the quality and efficiency of foreign-related legislation. We will firmly uphold the international order based on international law, actively participate in the formulation of international rules, promote the rule of law in international relations, actively participate in the reform and construction of the global governance system, and promote good global governance through good international law. Thirdly, improve the implementation system of foreign-related rule of law. The vitality of law lies in its implementation, and the authority of law also lies in its implementation. Accelerate the construction of a collaborative and efficient system for the implementation of foreign-related rule of law, comprehensively utilize law enforcement, judicial and other means, enhance the efficiency of foreign-related law enforcement and judiciary, and resolutely safeguard national sovereignty, security and development interests. Promote the reform of the foreign-related judicial trial system and mechanism, improve the judicial trial system in foreign-related civil legal relationships where the parties agree on jurisdiction and choose to apply extraterritorial laws in accordance with the law, and enhance the credibility of foreign-related judiciary. Deepen international cooperation in foreign-related law enforcement and judiciary, improve China's judicial assistance system and mechanism, strengthen consular protection and assistance, and establish a strong legal security chain to protect China's overseas interests. Fourth, improve the level of foreign-related legal services. Foreign legal services involve multiple fields such as lawyers, arbitration, notarization, mediation, and legal investigation. Since the reform and opening up, China's foreign-related legal services have made significant progress, but their proportion and impact in the international legal service market are still not high. As we move forward in opening up to the outside world, the construction of foreign-related rule of law, including legal services, needs to be further promoted. Vigorously develop foreign-related legal services, improve the international commercial arbitration and mediation system, and cultivate world-class arbitration institutions and law firms. Strengthen compliance awareness, guide Chinese citizens and enterprises to consciously abide by local laws and regulations, respect local customs and habits, and use the rule of law and rules to safeguard their legitimate rights and interests in the process of going global. Firmly uphold the confidence in the rule of law, actively expound on the concept, propositions, and successful practices of foreign-related rule of law with Chinese characteristics, and tell the story of China's rule of law in the new era well. (New Society)

Edit:Rina    Responsible editor:Lily

Source:xinhuanet

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