推进高水平对外开放的法治维度

On the Dimension of the Rule of Law in Promoting the High-Level Opening-up of China

高水平对外开放离不开法治,这既是中国改革开放四十多年来积累的历史经验,也是百年未有之大变局时代法治建设的外在需求,更是推进中国式现代化建设的应有之义。当前从法治轨道上进一步推进高水平对外开放,既需要以习近平法治思想为指引,从理论上厘清改革开放与法治建设的辩证关系,并在立足统筹推进国内法治和涉外法治基础上,从国际法治角度对构建人类命运共同体作出响应;也需要在实践上对过去四十多年来法治从保障对外开放到引领对外开放的治理模式加以回顾和总结,并回应高水平对外开放的法治建设提出新的需求。因此,推进高水平对外开放的法治建设需要厘定相应的原则,在统筹推进中加强涉外立法,在深化改革中完善以国际商事法庭为重点的涉外商事审判工作,在开放包容中发展涉外法律服务业务,为高水平对外开放提供持续动力。

The high-level opening up cannot be achieved without the development of the rule of law,which is not only the historical experience accumulated in the past 40 years of China's reform and opening up,but also the external demand for the construction of the rule of law in an era of profound changes unseen in a century,and even an integral part of advancing the Chinese modernization.At present,to further promote the high-level opening-up in line with the rule of law,it is necessary to take Xi Jinping Thought on the Rule of Law as a guideline,clarify the dialectical relationship between reform and opening-up and the construction of the rule of law from a theoretical point of view,and contemplate the notion of building a community with a shared destiny for mankind from the perspective of the international rule of law on the basis of the integrated promotion of the domestic rule of law and the foreign-related rule of law.It is also necessary to review and summarize the mode of governance shifting from opening-up guaranteed by the rule of law to opening-up led by the rule of law over the past 40 years from the practical perspective,and to respond to the new demands for the construction of the rule of law for the high-level opening-up.Therefore,to promote the construction of the rule of law for the high-level opening-up,it is necessary to collate and stipulate corresponding principles,strengthen foreign-related legislation in a comprehensive manner,improve foreign-related commercial trials with the International Commercial Court as the focus in the course of deepened commitment to reform,and develop foreign-related legal services in an open and inclusive manner,so as to provide a continuous impetus for China's high-level opening-up to the outside world.