《对外关系法》对我国涉外法治的统领

The Leading Role of Foreign Relations Law in the Construction of Foreign-Related Rule of Law

《对外关系法》是我国涉外领域的基础性和综合性法律,对我国的涉外法治建设具有统领作用。这种统领作用主要通过该法授权、协调和衔接三大功能的发挥而实现。所谓授权功能是指该法明确规定了在对外关系方面各国家机关和其他实体的职责范围;所谓协调功能是指该法可有效地协调国内法治与涉外法治之间的关系,并有效地协调涉外法治内部各组成部分之间的关系;所谓衔接功能是指该法可以连接国内法与国际法,保障两类法律的有效实施。为了更有效地发挥该法对涉外法治建设的统领作用,应特别注重强化该法外部的广泛性和内部的一致性。

The Foreign Relations Law of the People's Republic of China is a basic and comprehensive law in the field of foreign affairs in China,and plays a leading role in the construction of Chinese foreign-related rule of law.This overarching role mainly derives from the law's authorization,coordination and connection.The so-called authorization function means that the law clearly defines the scope of responsibilities of state organs and other entities in the field of foreign relations;The so-called coordination function means that the law can effectively coordinate the relationship between the domestic rule of law and the foreign-related rule of law,and at the same time,it can effectively coordinate the relationship between various components of the foreign-related rule of law;The so-called connection function means that the law can connect domestic law and international law,and guarantee the effective implementation of both types of law.In order to give full play to the law's leading role in the construction of foreign-related rule of law,special attention should be paid to strengthening the law's external extensiveness and internal consistency.