Dec 2023, Volume 18 Issue 4
    

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  • Research Article
    DING Xiangshun, HUO Junming

    Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century. It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China’s high_x0002_level opening up. To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs, this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization. This is done from the perspectives of territory, normative, subject, and legal application dimensions. Key factors include the significant differences in official languages and legal cultures between jurisdictions, the closure of the legal profession admission mechanisms, and the inter-disciplinary requirements for talents praticing the rule of law in foreign related affairs. For this reason, the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification, strengthening international cooperation, and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.

  • Research Article
    HUANG Huikang

    The notion of “rule of law in foreign-related affairs” signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics. It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law. A precise comprehension of “rule of law in foreign-related affairs” necessitates tracing its origins and elucidating its correlations with both “rule of law in domestic affairs” as well as with “international rule of law.” Acknowledging both domestic and international prerogatives, while holistically advancing law-based governance, constitutes the foundational rationale behind “rule of law in foreign-related affairs.” In addition, the cognitive transition from a “socialist legal system” to the “socialist rule of law” forms a theoretical foundation for the rule of law in foreign-related affairs. Although national governance and global governance, as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems, they are interconnected, mutually influential, and integrated. As a component of national rule of law, the rule of law in foreign-related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law. It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs, thereby expediting the strategic deployment of the rule of law in foreign contexts. This strategy more effectively safeguards national sovereignty, security, and developmental interests while contributing to build a human community with a shared future.

  • Research Article
    HE Zhipeng

    The call to advance the rule of law in foreign-related affairs is an important component of China’s strategic move to a great modern country. In modern times, Western countries have applied rule of law practices in their modernization, demonstrating the values of a sound rule of law system for national strength. In particular, the rule of law, extended beyond national borders, provides a crucial guarantee for a great modern country’s sustained, stable, and healthy path, and is also a clear symbol of a country’s soft power. As China is progressing to become a great modern country, there is a need to pay a particularly close attention to the rule of law, actively promoting the legalization of foreign-related work. China’s stance on the rule of law in foreign_x0002_related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation. In the context of this era, China’s international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization, further enhancing the rule of law in China and the successful emergence of a great modern country.

  • Research Article
    HUO Zhengxin

    The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law, as well as between the rule of law in domestic affairs and that in international affairs, providing a bridge for China to build law_x0002_based governance and to reform the global governance system for the new era. The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law. The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations. In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreign related affairs, the building of China’s system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China, with legislative, executive, and judicial authorities performing their respective duties. This building should be based on multilateralism, taking into account the legitimate concerns of other countries, and with the bottom line of not violating the prohibitive provisions of international law, and should be promoted with a balanced approach considering both “offense” and “defense.”

  • Research Article
    HAN Liyu

    Foreign-related affairs are international relations considered from a domestic perspective, and their governance models vary over time. War has long been a decisive approach to handling international relations. With the Charter of the United Nations requiring peaceful resolutions of international disputes and general banning use of force or threat of force to address international affairs, international relations have been placed on a track of legal governance. Governance of foreign-related affairs has to be formalized, although the associated legal governance model still has a close relationship with other models, and the domestic context plays a great role in this. Legal governance can adopt an approach to international law, domestic law, and policy coordination. The legal governance of China’s foreign-related affairs can be regarded as the rule of law applied to foreign-related affairs. To exercise foreign_x0002_related laws, China should advance the rule of law in domestic and foreign related affairs in a coordinated manner, appropriately exercising extraterritorial application and jurisdiction, safeguarding national sovereignty, security, and development interests, as well as common values of humanity, and building a human community with a shared future.

  • Research Article
    LIU Jingdong

    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_x0002_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.

  • Abstracts
    CAI Congyan

    Abstracts

  • Bibliography
    CAI Congyan

    Bibliography

  • Academic News
    China Arbitration Summit 2023 and the Third “Belt and Road” Arbitration Institutions Forum

    Academic News

  • Book Excerpt
    NA Li & WANG Yanzhi

    Book Excerpt

  • Academic Institutions
    The College of Comparative Law of the China University of Political Science and Law

    Academic Institutions

  • Book Description
    WANG Xigen

    Book Description