涉外法治:开放发展的规范导向

Foreign-Related Rule of Law: Normative Orientation of Open Development

中国倡导、规划、推进的涉外法治思维和工作是法治理念、法治体系在国家涉外工作中的投射,与国内法治、国际法治既有密切的联系,也有着立场和外延上的界分。涉外法治是国家在开放发展的过程中推进法治的涉外拓展,也表征着涉外关系的规范导向、法治转型;体现着本土法治的国际影响,也包含着国际法治的本土适应。涉外法治是国家治理能力和治理体系改进的一部分,是国内法治在国家开放发展程度和规模成熟完善后的必然延伸,也是国家法治文明进步与国际事务融合的必然要求。涉外法治拓展了国家法治完善的地域与事项,为维护国家利益营造了法律环境,为改进全球治理、塑造国家形象添加了积极因素,为国际法治的健康发展打下了基础。

The foreign-related rule of law notion and work advocated, planned and promoted by China is the projection of the concept and system of the rule of law in the national foreign-related aspects. It is closely related to the domestic rule of law and international rule of law, but also has a boundary of position and extension. The foreign-related rule of law is the foreign-related expansion of rule of law in the process of state’s opening up and development. It also represents the normative orientation as well as the transformation of rule of law of foreign relations. It reveals the international influence of the domestic rule of law and also means the local adaptation of the international rule of law. The foreign-related rule of law is a part of the improvement of national governance capabilities and system. It is an inevitable extension of the domestic rule of law after the degree and scale of national opening and development is mature and perfect. It is also an inevitable requirement for the integration of progress of national legal civilization and international affairs. The foreign-related rule of law extends the areas and matters of state rule of law, creates a legal environment for safeguarding national interests, has positive effects on improving global governance and shaping China’s image, and lays the foundation for the healthy development of the international rule of law.