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  • Research Article
    DING Xiangshun, HUO Junming
    Frontiers of Law in China, 2023, 18(4): 453-468. https://doi.org/10.3868/s050-012-023-0030-4

    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
    Frontiers of Law in China, 2023, 18(4): 469-496. https://doi.org/10.3868/s050-012-023-0031-1

    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
    Frontiers of Law in China, 2023, 18(4): 497-530. https://doi.org/10.3868/s050-012-023-0032-8

    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
    Frontiers of Law in China, 2023, 18(4): 531-550. https://doi.org/10.3868/s050-012-023-0033-5

    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
    LIU Jingdong
    Frontiers of Law in China, 2023, 18(4): 578-602. https://doi.org/10.3868/s050-012-023-0035-9

    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.

  • Book Description
    WANG Xigen
    Frontiers of Law in China, 2023, 18(4): 624-624. https://doi.org/10.3868/s050-012-023-0041-8

    Book Description

  • Abstracts
    CAI Congyan
    Frontiers of Law in China, 2023, 18(4): 603-610. https://doi.org/10.3868/s050-012-023-0036-6

    Abstracts

  • Bibliography
    CAI Congyan
    Frontiers of Law in China, 2023, 18(4): 611-612. https://doi.org/10.3868/s050-012-023-0037-3

    Bibliography

  • Research Article
    HAN Liyu
    Frontiers of Law in China, 2023, 18(4): 551-577. https://doi.org/10.3868/s050-012-023-0034-2

    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
    GU Peidong
    Frontiers of Law in China, 2024, 19(1): 1-20. https://doi.org/10.3868/s050-013-024-0001-4

    The diversified dispute resolution (DDR) in China is different from the alternative dispute resolution (ADR) in Western countries with respect to its fundamental cause and political, economic, social, and cultural backgrounds. To better understand the D

  • Academic News
    China Arbitration Summit 2023 and the Third “Belt and Road” Arbitration Institutions Forum
    Frontiers of Law in China, 2023, 18(4): 613-615. https://doi.org/10.3868/s050-012-023-0038-0

    Academic News

  • Book Excerpt
    NA Li & WANG Yanzhi
    Frontiers of Law in China, 2023, 18(4): 616-622. https://doi.org/10.3868/s050-012-023-0039-7

    Book Excerpt

  • Research Article
    ZHANG Wenxian
    Frontiers of Law in China, 2024, 19(3): 203-227. https://doi.org/10.3868/s050-013-024-0014-2

    Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.

  • Academic Institutions
    The College of Comparative Law of the China University of Political Science and Law
    Frontiers of Law in China, 2023, 18(4): 623-623. https://doi.org/10.3868/s050-012-023-0040-1

    Academic Institutions

  • Research Article
    PENG Xiaolong
    Frontiers of Law in China, 2024, 19(1): 21-41. https://doi.org/10.3868/s050-013-024-0002-1

  • Research Article
    MEI Yang
    Frontiers of Law in China, 2024, 19(1): 79-97. https://doi.org/10.3868/s050-013-024-0005-2

    The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes. Under this framework, all dispute resolution mechanisms must strictly follow the bas

  • Research Article
    LIU Xiaohong
    Frontiers of Law in China, 2024, 19(1): 98-116. https://doi.org/10.3868/s050-013-024-0006-9

    The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization, in which the modernization of the rule of law is both an integral part and a strong guarantee.

  • Research Article
    LIU Zhewei, ZHANG Chi
    Frontiers of Law in China, 2024, 19(1): 42-58. https://doi.org/10.3868/s050-013-024-0003-8

  • Research Article
    ZHANG Wenxian
    Frontiers of Law in China, 2024, 19(2): 117-128. https://doi.org/10.3868/s050-013-024-0007-6

    The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) is a milestone in the history of legal education since the founding of the People’ s Republic of China in 1949. Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China, this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives. It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era, and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China, adhering to the scientific guidance of XI Jinping Thought on the Rule of Law, accomplishing the core task of economic development and serving the overall interests of the country, fostering virtue through education and cultivating talent with both moral quality and legal literacy, following the objective law, and integrating the underlying tenets of Marxism with China’ s realities and the fine traditional Chinese culture, thus establishing the principles for the new development of legal education and legal theory research in the new era. It proposes to strengthen top-level design and strategic arrangements, promote the reform and improvement of the law school system, accelerate the improvement of the legal education system, and innovatively develop the legal theory research system. Therefore, a new development landscape for legal education and legal theory research in the new era has been established. The Opinions clearly stipulates the leadership system, management system, and coordination mechanism for legal education and legal theory research, and creates a new development system for legal education and legal theory research in the new era.

  • Research Article
    HE Yun
    Frontiers of Law in China, 2024, 19(1): 59-78. https://doi.org/10.3868/s050-013-024-0004-5

  • Research Article
    LIU Yanhong
    Frontiers of Law in China, 2024, 19(2): 191-202. https://doi.org/10.3868/s050-013-024-0013-5

    The traditional legal education model based on the discipline system of “theoretical law + departmental law” overemphasizes professional subdivision, resulting not only in the separation of different disciplines from each other, but also in the narrow thinking mode, single knowledge structure, and weak practical ability of trained legal talent, who are therefore hardly adapted to the needs of the era, which are characterized as cross boundary social problems and comprehensive knowledge application. All in all, the training of high-quality interdisciplinary legal talents lags behind social reform and the practice of the rule of law. In the context of comprehensively promoting the development of the new liberal arts, developing the new liberal arts, i.e., deep cross-integration, has penetrated into the construction of the law discipline, broken through the inherent limitations of law knowledge, promoted the interdisciplinary development of law education, and helped cultivate the ability of law students to integrate interdisciplinary knowledge. The development of new law science should proceed step by step, from shallow to deep. It should follow the guidance of social needs, break down discipline barriers, innovate cross-integration mechanisms, transform and upgrade from the “small crossover” among various departmental laws within the law discipline to the “big crossover” between the law discipline and other disciplines, and transform from the innovation of research methods to the innovation of the structure of disciplines. The cultivation of inter disciplines should focus on emerging fields such as national security, artificial intelligence, and social governance.

  • Research Article
    WANG Xigen, LIU Jia
    Frontiers of Law in China, 2024, 19(2): 175-190. https://doi.org/10.3868/s050-013-024-0012-8

    Developing digital jurisprudence, strengthening the practical teaching of law, and developing a practical teaching system of digital jurisprudence in colleges and universities based on the new era and in line with the law of scientific development are major issues of reforming and developing higher legal education in contemporary China. Taking XI Jinping Thought on the Rule of Law as the fundamental guide, focusing on the global cutting-edge topic of comprehensive and profound cross-integration of digital technology and legal education, and proceeding in line with the general law of law experimental courses in colleges and universities, we discuss how to construct the experimental teaching system for digital jurisprudence courses, and put forward a set of new ideas. An experimental teaching system for digital jurisprudence courses replenishes and improves the traditional law teaching mode, and innovates the mode of law talent cultivation under the new social form and new educational environment.

  • Research Article
    HU Ming
    Frontiers of Law in China, 2024, 19(2): 164-174. https://doi.org/10.3868/s050-013-024-0011-1

    Legal textbooks are the primary carrier of the disciplinary system, academic system, and discourse system of law. They systematically present and reflect the development achievements of the disciplinary system, academic system, and discourse system of law, and directly determine the overall structural arrangement and priorities of law teaching. Overall, the dichotomization of legal textbooks into the sub-systems of basic law and departmental law has lagged behind the progress on socialist rule of law with Chinese characteristics, and the system of textbooks relying on this traditional academic division is also in need of further improvement and reform. “Law-related,” “jurisprudence-related,” and “rule-of-law-related,” the three relatively independent but closely linked sub-systems of legal textbooks can better reflect the current evolution of the rule of law system in China. China’ s legal textbook system should be improved in terms of promoting the development of the main textbooks on law, vigorously promoting the development of textbooks on emerging disciplines and inter-disciplinarity, and courageously innovating the content and form of textbooks.

  • Research Article
    CHEN Baifeng
    Frontiers of Law in China, 2024, 19(2): 150-163. https://doi.org/10.3868/s050-013-024-0010-4

    To cultivate high-quality rule-of-law talents, XI Jinping Thought on the Rule of Law must be fully carried out, the spirit of the Opinions on Strengthening Law Education and Law Theory Research in the New Era must be implemented, the law teaching system must be improved, and the paths of talent cultivation must be optimized. The first is improving the ideological and political education and legal professional ethics education, teaching the ideological and political courses and legal professional ethics courses well in line with the essence of “bringing out the facts and reasons,” and doing an excellent job in ideological and political theory teaching in all courses from the perspective of all persons, the whole process, and all-around education. The second is improving the multi-level law education and teaching system and quality certification system, supporting and developing legal vocational education, consolidating undergraduate law education, boosting graduate law education, and developing professional degree education in law. The third is improving the curriculum system for law majors, accelerating the construction of courses reflecting the achievements in the practice of state governance and administration in the new era, such as the science of intra-Party regulations, the science of oversight law, and social governance jurisprudence, and so on, exploring the availability of the characteristic new course “science of field law,” and setting up diversified major-oriented modules to accommodate a large number of new courses. The fourth is improving the practical teaching and cooperative education system, adapting to the new form and requirement of “internet + education” to innovate education and teaching methods and means, strengthening the cooperation between law schools and rule-of-law work departments and legal service providers, enhancing education through work practice, and improving the in-service education system for rule-of-law talents.

  • Research Article
    HUANG Wenyi
    Frontiers of Law in China, 2024, 19(2): 129-138. https://doi.org/10.3868/s050-013-024-0008-3

    The Central Committee of the Community Party of China with Comrade XI Jinping at its core has made strategic thinking and top-level design for Chinese legal education in the new era, put forward a series of new concepts, ideas and strategies that are epochal, iconic, and original, and created a scientific and modernized theory of Chinese legal education in the new era. The theory on Chinese legal education for the new era, as an important part of XI Jinping Thought on the Rule of Law, profoundly answers significant questions about the orientation, goal, status, relationship, management, and system of Chinese legal education in the new era, and guides us to build a leading country in legal education.

  • Research Article
    HU Yuhong
    Frontiers of Law in China, 2024, 19(3): 281-297. https://doi.org/10.3868/s050-013-024-0019-7

    Legal research methods refer to a general term for disciplined and systematic procedures, approaches, means, techniques, and models used by researchers to acquire novel and reliable legal knowledge. Several theoretical debates on the originality of legal research methods go on as follows: Is one legal research method superior to another? Do legal research methods aim for methodological independence? Are legal research methods objective or subjective? Influenced by scientism, positivism is usually considered to be the only reasonable research method, but since law is different from science, only using positivist research approaches is insufficient for solving legal problems. Strictly speaking, a method that is appropriate for the research subject is a reasonable method. As one of the humanities and social sciences, law has similarities with other disciplines in terms of the scope of research; therefore, its research methods could be borrowed from other disciplines. However, law cannot ignore the development of its own unique research methods while retaining its advantages. Legal research methods are supposed to be objective because they should follow scientific standards and have objective arguments, but inevitably, legal research would be subjective and full of value judgments since it means subjective and creative activities of researchers. Of course, the choice of values should preferably be made in the context of value-freeness to ensure the organic combination of value-freeness and value judgment.

  • Research Article
    WANG Yi
    Frontiers of Law in China, 2024, 19(3): 228-244. https://doi.org/10.3868/s050-013-024-0015-9

    The report to the 20th National Congress of the Communist Party of China (CPC) pointed out that problems are the voice of the times, and answering the problems and guiding the solutions are the fundamental tasks of theories. To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times, it is necessary to persist in problem orientation. Therefore, it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence, and, based on that, pursue the target of building an academic system of legal science with Chinese characteristics. There are two main types of problems in meta-jurisprudence. The first is ideological resources, which asks what kinds of ideas shape the direction, foresight, and preferences of legal scholars. The second is the analytic framework, which asks how to tell the different kinds of legal issues apart, finish building the system, choose the best ways to argue, and make strong arguments. Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law, by combining China's specific rule-of-law practice with fine traditional Chinese legal culture, and by learning from international experience, can the mission of building an academic system of legal science with Chinese characteristics be achieved.

  • Research Article
    WANG Xigen
    Frontiers of Law in China, 2024, 19(3): 261-270. https://doi.org/10.3868/s050-013-024-0017-3

    Innovative development of the legal theory research system requires strengthening research on the basic theory of law. Promoting research on the basic principles of Marxist jurisprudence is the fundamental premise for adapting Marxism to the Chinese context and the needs of the times. XI Jinping Thought on the Rule of Law is the fundamental criterion for the innovative development of the basic theory of law of contemporary China in the new era, and the adaptation of Marxism to the Chinese context and the needs of the times is the essential requirement for the innovative breakthrough of the basic theory of law of contemporary China.

  • Research Article
    FU Zitang
    Frontiers of Law in China, 2024, 19(2): 139-149. https://doi.org/10.3868/s050-013-024-0009-0

    Legal education and legal theory research are on the honorable mission of cultivating high-quality rule-of-law personnel and providing theoretical support for the rule of law in China, and play an important role in advancing the law-based governance in all fields. The Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) issued by the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council in 2023 to meet the needs of legal education and legal theory research at present and in the future further clarifies the directions of legal education and legal theory research, and carries great importance for strengthening legal education, deepening legal research, improving the cultivation quality of rule-of-law personnel, and advancing law-based governance in all fields. The Opinions also puts forward new requirements for thoroughly implementing the spirit of the 20th National Congress of the CPC and XI Jinping Thought on the Rule of Law, and continuously cultivating high-quality rule-of-law personnel.

  • Research Article
    WANG Jian
    Frontiers of Law in China, 2024, 19(3): 245-260. https://doi.org/10.3868/s050-013-024-0016-6

    The Communist Party of China has attached great importance to legal education, made arduous explorations in the practice of advancing the Chinese revolution, development, and reform, and blazed a road of modernization and development of Chinese legal education. The socialist legal education system with Chinese characteristics develops on the basis of completely negating and profoundly criticizing the old legal education system, and establishing a new legal education system guided by the Marxist view of state and law; it is created and develops on the basis of learning from the Soviet Union model, in combination with China's specific conditions and independent exploration; and it is constantly improved and develops under the new historical conditions of reform and opening up and socialist modernization drive, and on the basis of meeting the needs of perfecting socialist democracy and strengthening socialist legal systems, and profoundly summarizing the positive and negative experience of socialist legal construction in China. The legal education with Chinese characteristics in the new era is guided by XI Jinping Thought on the Rule of Law, based on the integration of the original aspirations and the views from the outside, through continuous innovation and development in implementing new ideas and establishing new patterns, offers a powerful talent guarantee and a theoretical support to promote the development of the rule of law in China, provides a strong impetus to transform a country rich in legal education resources into a country strong in legal education, and lays a solid foundation of the rule of law for promoting the development of a human community with a shared future and the creation of a new form of human advancement.