加强涉外法治体系建设的顶层擘画——论学习贯彻习近平总书记重要讲话精神

The Top-level Design for Strengthening the Building of the Foreign-related Rule of Law System:Studying and Implementing the Essence of General Secretary Xi Jinping’s Important Speech

习近平总书记在中央政治局第十次集体学习时就加强涉外法治建设所作系列重要论述,是马克思主义法治理论中国化的最新成果。“长远所需”和“当务之急”,凸显了新形势下加强涉外法治建设的重要性和紧迫性。中国涉外法治建设成就巨大、来之不易,但仍存在不少短板弱项,亟待弥补。我国海外利益全方位多层次高速度拓展,外部法律风险与挑战前所未有,干涉与反干涉、制裁与反制裁外交斗争激烈,客观上要求强化法治思维,善用法治方式,“以法斗法”“以法制法”,丰富外交斗争法律“工具箱”,一体推进涉外立法、执法、司法、守法和法律服务,形成涉外法治工作大协同格局。必须坚持统筹推进国内法治和涉外法治,不断完善涉外法治体系和能力建设,为中国式现代化行稳致远营造有利法治条件和外部环境。

President Xi Jinping's important speech on strengthening the foreign-related rule of law at the 10th Politburo group study session,held on November 27,2023,is the latest achievement in the sinicization of Marxist theory of the rule of law in China,with great guiding significance.The expression of“the long-term needs”and“the pressing demand of the day”in his speech highlights the importance and urgency of strengthening the construction of legal system and capacity building in the foreign related areas under the new situation.The rule of law concerning foreign affairs in China has made great progress,however,it still has a long way to go.It is the rapid expansion of national interests abroad,unprecedented external legal risks and challenges,and the intense diplomatic struggle against foreign interference and unilateral sanctions that objectively require the strengthening of the legal thinking and the effective use of legal tools in its efforts to safeguard the national legitimate rights and interests.To this end,it is necessary to promote foreign-related legislation,law enforcement,administration of justice,observance of the law and legal services in an integrated way,to form a pattern of great synergy in foreign-related rule of law work.It is further required to advance both the domestic rule of law and the foreign-related rule of law in a coordinated manner,and to constantly improve its legal systems and capacity building,with a view to creating favorable conditions and an external environment for the steady progress of Chinese-style modernization.