Some Thoughts and Recommendations for Stepping up Legislation in the Foreign-Related Field

Abstract

Stepping up legislation in the foreign-related field is a foundation and prerequisite for advancing the rule of law in domestic and foreign-related affairs in a coordinated manner. It is also an important link in the promotion of the socialist legal system with the Constitution as the core, as proposed in the Report to the 20th National Congress of the Communist Party of China (CPC). Since China introduced the reform and opening_x005f up policy in 1978, China’s legal system in the foreign-related field has evolved from initial formulation to mature framework, and China’s legislation in the foreign related field has maintained distinct Chinese characteristics and contemporary features. Currently, China’s legislation in the foreign-related field focuses on national security and on high-level opening-up. It continuously strengthens the connection of the rule of law in domestic affairs with that in international affairs, and consistently promotes the China’s legal system of extraterritorial application. Furthermore, legislation in the foreign-related field in China still has issues to address, which include the inconclusive status of international treaties within the legal system, a relatively conservative domestic approach in exercising extraterritorial jurisdiction, and a limited scope of legal liability. To better respond to the need of legislation in building a human community with a shared future and to enhance China’s right to international legal discourse in global governance, China needs to move faster to introduce the Law on Foreign Relations of the People’s Republic of China. This law should reflect the basic positions, principles, and policies that China upholds in matters of foreign relations, as highlighted in the Report to the 20th CPC National Congress. Furthermore, China should continue to improve legislation in key areas of national security and increase the pre existing punitive measures for responding to actions that harm national security both domestically and internationally. Legislation should also be strengthened to counter sanctions and interference, and supporting measures should be adopted to ensure the effect of relevant legislation. In the field of foreign economic and trade relations, China should incorporate high standard international economic and trade rules in relevant legislations, and should legalize the replicable and promotable legal rules in the building of free trade zones. Additionally, the existing jurisdictional system and international commercial dispute resolution system should be promoted.

Keywords

Report to the 20th National Congress of the Communist Party of China (CPC) / legislation in foreign-related field / legal system in foreign-related field / rule of law in foreign-related affairs / rule of law in domestic affairs

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