涉外法治下我国南极立法的思考

Reflections on China's Antarctic Legislation under the Foreign-Related Rule of Law

涉外法治是法治中国建设的重要部分。南极法是涉外法治应关注的领域。从“涉外因素”的视角看,南极法具有涉外性;从涉外法治的本质看,南极法符合涉外法治具有的特性,它是一国处理涉外事务,维护国家安全、发展利益的法治保障。涉外立法是涉外法治系统工程推进的前提,对国家形象建设有重要意义,这决定了我国应加快推进南极法的出台。具体立法时应以人类命运共同体理念为指导,考虑国际条约的适用,同时应侧重制定“实施性”的南极法。

The foreign-related rule of law constitutes a pivotal component of building rule of law in China.Antarctic law is a particular area of focus within the ambit of foreign-related rule of law.Viewed through the prism of'foreignrelated factors',Antarctic law possesses a foreign-related character.From the essence of foreign-related rule of law,Antarctic law accords with the characteristics of foreign-related rule of law.It is a legal activity for a country to deal with foreign-related affairs,safeguard national security and developmental interests.Foreign-related legislation is the premise of promoting the systematic project of foreign-related rule of law,and it is of great significance to the construction of national image,which determines that China should speed up the promulgation of Antarctic law.The legislative process should be guided by the concept of a community with a shared future for mankind while considering the application of international treaties and also should pay particular emphasis on enacting Antarctic law that is actionable.