浅析条约适用制度入宪

On the Treaty Application System Into the Constitution

条约适用可以分为两个方面。一方面是条约国际层面的适用,具体由国际机关实施;另一方面是条约国内层面的适用,由当事国国内立法、司法、行政三个部门分别实施。其中条约的国内适用是缔约国善意履行"条约必须遵守"这一国际法义务的主要方式。相对于世界上很多国家采取入宪方式规定条约适用,中国当前依然坚持着"逐个领域、逐个立法"的条约适用模式。学者应与立法机关、司法机关一道,共同努力解决实际层面的困境,推动条约适用制度早日入宪,以更好地推动条约在国内的适用。

The treaty applications can be divided into two aspects. On the one hand, they refer to the international level, and they are specifically implemented by the international agencies. On the other hand, they refer to the domestic level, and they are separately implemented by the domestic legislative department ,judicial department, and administrative department of the countries concerned. The treaty application on the domestic level is the main way which the contracting states fulfill the obliga- tion of international law - ＂the treaties must be observed＂. Compared to other countries in the world, China continues to adhere to the treaty applicable pattern - ＂in case - by - case basis legislating one by one＂. Scholars should make efforts to resolve practical difficulties together with legislative department and judicial department, and push forward the treaty application system into the constitution, in order to better promote the treaty application in the domestic level.