China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralComm...China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralCommittee of the Chinese Communist Party, to meet the demands of thenew situation of opening to the outside world, several laws were promul-展开更多
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration C...Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s展开更多
Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in r...Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in regulating foreign-related issues?Here’s a rundown.展开更多
1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTe...1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTel:7042603 7042605 7092417Fax:(86)311-7042602展开更多
Under the background of globalization,there are severe challenges in the cultivation of the professional skills of nursing staff,especially the English skills of foreign-related nursing,which has become an important p...Under the background of globalization,there are severe challenges in the cultivation of the professional skills of nursing staff,especially the English skills of foreign-related nursing,which has become an important part of the training of nursing talents.At present,most English teaching of foreign-related nursing in higher vocational colleges follows the traditional grammar teaching model.However,as most of the teaching staff for medical English are English teachers who have limited nursing professional knowledge,the industry characteristics of medical English are not fully demonstrated in the teaching process,and the lack of practicality inevitably reduces the quality of medical English teaching.Therefore,the traditional nursing English teaching model in higher vocational colleges can no longer meet the actual teaching needs.There is an urgent need to implement an interdisciplinary team teaching model that completely fits the industry environment of foreign-related nursing English and apply it flexibly to improve the quality of foreign-related nursing English teaching in higher vocational colleges,and lay a solid foundation for professional practice of nursing staff.Based on the perspective of ecolinguistics,this article explores the application strategies of the interdisciplinary team teaching model for foreign-related nursing English in higher vocational colleges,with the view to provide guidelines for the actual teaching of foreign-related nursing English.展开更多
In recent years,the state has attached great importance to the cultivation of outstanding legal talents,and the shortage of foreign-related legal professionals in the mineral resources sector deserves particular atten...In recent years,the state has attached great importance to the cultivation of outstanding legal talents,and the shortage of foreign-related legal professionals in the mineral resources sector deserves particular attention.Universities should focus on“nurturing virtue and shaping character,grounding knowledge in practical experience,and cultivating high-level talents,”by training students in essential competencies such as professional knowledge,vocational skills,and foreign language communication,as well as competitive competencies including Anglo-American legal thinking,practical experience in mineral resource law,and foreign-related legal work.To innovate the training system for foreign-related legal professionals in the mineral resources field,universities may take measures such as deepening ideological and political education,innovating the law curriculum system,compiling specialized monographs on mineral law,strengthening the occupational dimension of foreign language instruction,and building platforms for internships and employment.展开更多
During the tenth group study session of the Political Bureau of the Communist Party of China Central Committee,President XI Jinping stressed to strengthen the development of the foreign-related legal system(FRLS),brin...During the tenth group study session of the Political Bureau of the Communist Party of China Central Committee,President XI Jinping stressed to strengthen the development of the foreign-related legal system(FRLS),bringing the FRLS back into focus within China's legal framework.While today's FRLS,like that of the early reform and opening up period,falls within the scope of domestic law and part of the domestic legal system,its content and functions have evolved.As the foundation of the rule of law in foreignrelated affairs,today's FRLS has gone beyond the original focus on"attracting foreign investment"and the dual-track legislative model.It is now more focused on adjusting international relations,safeguarding national sovereignty,security,and development interests,facilitating progress in international rule of law,and advancing the building of a human community with a shared future.This return and transcendence reflect shifts in the global landscape and the development of China's rule of law.展开更多
Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner constitutes one of the core tenets of XI Jinping Thought on the Rule of Law.Its profound implications are primarily reflected i...Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner constitutes one of the core tenets of XI Jinping Thought on the Rule of Law.Its profound implications are primarily reflected in the dialectical relationship between the rule of law in domestic and foreign-related affairs,as well as the fundamental requirements and guiding principles for their coordinated advancement.This proposition draws upon multiple intellectual foundations,including the theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,progressive concepts of modern international law,and the fine traditional Chinese culture.It resonates with the current era,aligns with the overall balance between domestic and international situations,and demonstrates the path to building a human community with a shared future through the rule of law while providing legal support for the realization of key national strategic goals.It is of great overall contemporary significance both internationally and strategically.At present,the focus should be on advancing the rule of law in foreign-related affairs through the following pathways:properly handling the relationship between the two"pairs of rule of law,"strengthening the strategic framework for the rule of law in foreign-related affairs,enhancing the development of foreign-related rule of law systems,deepening the study and application of international law,and bolstering the development of a talent pool for the rule of law in foreignrelated affairs so as to advance the rule of law in domestic and foreign-related affairs in a coordinated manner.展开更多
Legal professionals for foreign-related affairs(LPFFRA)constitute the foundation of China's development of the rule of law in foreign-related affairs.By reviewing the evolution of China's LPFFRA training since...Legal professionals for foreign-related affairs(LPFFRA)constitute the foundation of China's development of the rule of law in foreign-related affairs.By reviewing the evolution of China's LPFFRA training since reform and opening up,and examining,from the supply-side and demand-side perspectives,both the practice of such training and the employment of Chinese legal professionals in international organizations,this article helps reveal gaps in the existing LPFFRA training system.With a view to optimizing the system,reforms must prioritize comprehensive competency development,promote interdisciplinary"law+"programs,standardize training mechanisms,and align supply with dynamic demand.Key recommendations include centering cross-cultural communication capacity to construct a competency-based framework,fostering interdisciplinary integration to reshape legal education,establishing national standards to ensure standardization and quality,and expanding market demand and enhancing supply-demand coordination.These pathways aim to improve the training system for China's LPFFRA.展开更多
The rule of law in foreign-related affairs in China operates under two paradigms:the national paradigm and the global paradigm.The national paradigm is dedicated to elevating the nation's rule of law standards,pro...The rule of law in foreign-related affairs in China operates under two paradigms:the national paradigm and the global paradigm.The national paradigm is dedicated to elevating the nation's rule of law standards,promoting legalization of foreign-related work across all aspects and sectors,and improving legal methodologies in international engagements.It aims to safeguard China's sovereignty,security,and development interests,protect the lawful rights and interests of Chinese citizens and legal entities overseas and enhance the nation's rule of law image.The global paradigm demonstrates the sense of responsibility of China for actively participating in global governance,aiming to advance the international rule of law,contribute to world peace and development,and actively promote the building of a human community with a shared future.These are two complementary yet occasionally conflicting paradigms.A nation must firstly ensure its own independence,autonomy and sound development in order to contribute to the realization of the vision of a good global order.The traditional Chinese view of righteousness and interests helps to effectively guide the mutual promotion and restriction of the national paradigm and the global paradigm.With the national paradigm acting as a prerequisite for the global paradigm,we can properly allocate resources and form a structured,rigorous and reliable timeline and roadmap for the rule of law in foreign-related affairs.展开更多
As the forefront of China's reform and opening up in the new era,free trade zones(FTZs)are not only a testing ground for promoting the domestic rule of law but also a pilot zone for aligning with the international...As the forefront of China's reform and opening up in the new era,free trade zones(FTZs)are not only a testing ground for promoting the domestic rule of law but also a pilot zone for aligning with the international rule of law.Over the past decade,China's FTZs have formed a new pattern in which eastern FTZs collaborate with western ones and opening up is implemented across the board in the areas along borders,rivers,and coastal regions.However,they have also given rise to the issue of coordination of multiple interests such as reform and the rule of law,development and risks.XI Jinping Thought on the Rule of Law emphasizes advancing the domestic rule of law and foreignrelated rule of law in a coordinated manner.During FTZ construction,efforts should be made to fully explore the compatibility of the foreign-related rule of law with the domestic rule of law and the international rule of law.This entails optimizing the development pattern through coordination between the central and local governments,achieving steady opening up by aligning with international standards,and consolidating institutional innovation through multilateral cooperation.The ultimate goal is to establish FTZs as new heights of opening up characterized by a higher level of openness,a better business environment,and a stronger radiation effect.展开更多
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 o...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 highlevel 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 foreignrelated 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.展开更多
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 br...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 lawbased 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 foreignrelated affairs,thebuilding ofChina'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."展开更多
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 ...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-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.展开更多
With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and dome...With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.展开更多
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 ...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-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.展开更多
文摘China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralCommittee of the Chinese Communist Party, to meet the demands of thenew situation of opening to the outside world, several laws were promul-
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s
文摘Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in regulating foreign-related issues?Here’s a rundown.
文摘1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTel:7042603 7042605 7092417Fax:(86)311-7042602
基金School-level project of Guangdong Yunfu Vocational College of Chinese Medicine:Construction and application of an interdisciplinary team teaching model for higher vocational nursing English from the perspective of ecolinguistics(Project number:2023K08)。
文摘Under the background of globalization,there are severe challenges in the cultivation of the professional skills of nursing staff,especially the English skills of foreign-related nursing,which has become an important part of the training of nursing talents.At present,most English teaching of foreign-related nursing in higher vocational colleges follows the traditional grammar teaching model.However,as most of the teaching staff for medical English are English teachers who have limited nursing professional knowledge,the industry characteristics of medical English are not fully demonstrated in the teaching process,and the lack of practicality inevitably reduces the quality of medical English teaching.Therefore,the traditional nursing English teaching model in higher vocational colleges can no longer meet the actual teaching needs.There is an urgent need to implement an interdisciplinary team teaching model that completely fits the industry environment of foreign-related nursing English and apply it flexibly to improve the quality of foreign-related nursing English teaching in higher vocational colleges,and lay a solid foundation for professional practice of nursing staff.Based on the perspective of ecolinguistics,this article explores the application strategies of the interdisciplinary team teaching model for foreign-related nursing English in higher vocational colleges,with the view to provide guidelines for the actual teaching of foreign-related nursing English.
文摘In recent years,the state has attached great importance to the cultivation of outstanding legal talents,and the shortage of foreign-related legal professionals in the mineral resources sector deserves particular attention.Universities should focus on“nurturing virtue and shaping character,grounding knowledge in practical experience,and cultivating high-level talents,”by training students in essential competencies such as professional knowledge,vocational skills,and foreign language communication,as well as competitive competencies including Anglo-American legal thinking,practical experience in mineral resource law,and foreign-related legal work.To innovate the training system for foreign-related legal professionals in the mineral resources field,universities may take measures such as deepening ideological and political education,innovating the law curriculum system,compiling specialized monographs on mineral law,strengthening the occupational dimension of foreign language instruction,and building platforms for internships and employment.
文摘During the tenth group study session of the Political Bureau of the Communist Party of China Central Committee,President XI Jinping stressed to strengthen the development of the foreign-related legal system(FRLS),bringing the FRLS back into focus within China's legal framework.While today's FRLS,like that of the early reform and opening up period,falls within the scope of domestic law and part of the domestic legal system,its content and functions have evolved.As the foundation of the rule of law in foreignrelated affairs,today's FRLS has gone beyond the original focus on"attracting foreign investment"and the dual-track legislative model.It is now more focused on adjusting international relations,safeguarding national sovereignty,security,and development interests,facilitating progress in international rule of law,and advancing the building of a human community with a shared future.This return and transcendence reflect shifts in the global landscape and the development of China's rule of law.
文摘Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner constitutes one of the core tenets of XI Jinping Thought on the Rule of Law.Its profound implications are primarily reflected in the dialectical relationship between the rule of law in domestic and foreign-related affairs,as well as the fundamental requirements and guiding principles for their coordinated advancement.This proposition draws upon multiple intellectual foundations,including the theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,progressive concepts of modern international law,and the fine traditional Chinese culture.It resonates with the current era,aligns with the overall balance between domestic and international situations,and demonstrates the path to building a human community with a shared future through the rule of law while providing legal support for the realization of key national strategic goals.It is of great overall contemporary significance both internationally and strategically.At present,the focus should be on advancing the rule of law in foreign-related affairs through the following pathways:properly handling the relationship between the two"pairs of rule of law,"strengthening the strategic framework for the rule of law in foreign-related affairs,enhancing the development of foreign-related rule of law systems,deepening the study and application of international law,and bolstering the development of a talent pool for the rule of law in foreignrelated affairs so as to advance the rule of law in domestic and foreign-related affairs in a coordinated manner.
基金a phased research outcome of the Key Program of the National Social Science Foundation,"Study on Fostering a Market-Oriented,Law-Based,and Internationalized World-Class Business Environment"(No.23ZDA056)the Teaching Quality and Reform Project of Guangdong Province,"Teaching and Research Office of International Law Courses Instructed in English."。
文摘Legal professionals for foreign-related affairs(LPFFRA)constitute the foundation of China's development of the rule of law in foreign-related affairs.By reviewing the evolution of China's LPFFRA training since reform and opening up,and examining,from the supply-side and demand-side perspectives,both the practice of such training and the employment of Chinese legal professionals in international organizations,this article helps reveal gaps in the existing LPFFRA training system.With a view to optimizing the system,reforms must prioritize comprehensive competency development,promote interdisciplinary"law+"programs,standardize training mechanisms,and align supply with dynamic demand.Key recommendations include centering cross-cultural communication capacity to construct a competency-based framework,fostering interdisciplinary integration to reshape legal education,establishing national standards to ensure standardization and quality,and expanding market demand and enhancing supply-demand coordination.These pathways aim to improve the training system for China's LPFFRA.
文摘The rule of law in foreign-related affairs in China operates under two paradigms:the national paradigm and the global paradigm.The national paradigm is dedicated to elevating the nation's rule of law standards,promoting legalization of foreign-related work across all aspects and sectors,and improving legal methodologies in international engagements.It aims to safeguard China's sovereignty,security,and development interests,protect the lawful rights and interests of Chinese citizens and legal entities overseas and enhance the nation's rule of law image.The global paradigm demonstrates the sense of responsibility of China for actively participating in global governance,aiming to advance the international rule of law,contribute to world peace and development,and actively promote the building of a human community with a shared future.These are two complementary yet occasionally conflicting paradigms.A nation must firstly ensure its own independence,autonomy and sound development in order to contribute to the realization of the vision of a good global order.The traditional Chinese view of righteousness and interests helps to effectively guide the mutual promotion and restriction of the national paradigm and the global paradigm.With the national paradigm acting as a prerequisite for the global paradigm,we can properly allocate resources and form a structured,rigorous and reliable timeline and roadmap for the rule of law in foreign-related affairs.
文摘As the forefront of China's reform and opening up in the new era,free trade zones(FTZs)are not only a testing ground for promoting the domestic rule of law but also a pilot zone for aligning with the international rule of law.Over the past decade,China's FTZs have formed a new pattern in which eastern FTZs collaborate with western ones and opening up is implemented across the board in the areas along borders,rivers,and coastal regions.However,they have also given rise to the issue of coordination of multiple interests such as reform and the rule of law,development and risks.XI Jinping Thought on the Rule of Law emphasizes advancing the domestic rule of law and foreignrelated rule of law in a coordinated manner.During FTZ construction,efforts should be made to fully explore the compatibility of the foreign-related rule of law with the domestic rule of law and the international rule of law.This entails optimizing the development pattern through coordination between the central and local governments,achieving steady opening up by aligning with international standards,and consolidating institutional innovation through multilateral cooperation.The ultimate goal is to establish FTZs as new heights of opening up characterized by a higher level of openness,a better business environment,and a stronger radiation effect.
文摘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 highlevel 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 foreignrelated 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.
基金This article is a phased research achievement of the National Social Science Foundation's major project"Building China's Rule of Law System for Extraterritorial Application of Domestic Law"(Project Approval Number:20ZDA031).
文摘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 lawbased 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 foreignrelated affairs,thebuilding ofChina'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."
基金funded by Project of Renmin University of China Scientific Researchn Foundation(2021030002).
文摘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-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.
文摘With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.
基金This article is a major project of National Social Science Foundation of China(20ZDA098).
文摘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-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.
