完善我国对外援助立法之探讨

On the Improvement of China's Legislation of Foreign Aid

近年来中国援外活动引起诸多争议,但从目前国内外政治、经济形势出发,确有必要实施对外援助。中国已形成以商务部为主要实施机构、其他部门共同参与的援外体系,但存在援外机构设置随意、援外机构职责不明、援外决策体系不完善、援外活动缺乏有效监督等问题。中国援外法制尚不够完善,如缺乏统一的援外立法、援外法律体系不完备、援外规范效力层级低、援外活动透明度不高等。当务之急尽快完善对外援助法律体系,以更好地规制对外援助活动。

China＇s foreign aid has caused many disputes recently. It is necessary to provide foreign aid for im-proving China＇s political and economic situation. China has formed a foreign aid system with the Ministry of Commerce as the main body and other departments being involved, but there are also some problems in it, such as the arbitrariness of the settings of institutions and responsibility, the imperfection of foreign aid deci-sion-making system and the deficiency of effective supervision body. China＇s foreign aid legal system is not perfect, such as lack of a unified foreign aid legislation, imperfect legal system, low level of foreign aid effec-tiveness of norms, and not high in foreign aid transparency. In order to regulate its behavior of foreign aid, China should speed up its process to improve foreign aid legal system.