统筹推进国内法治和涉外法治思想指导下我国国际商事法庭的建设

The Construction of China International Commercial Court under the Guidance of Taking a Coordinated Approach to Promoting the Rule of Law at Home and in Matters Involving Foreign Parties

坚持统筹推进国内法治和涉外法治是全面依法治国的必定方向,是预防与解决国际经贸争端的必要保障。坚持统筹推进国内法治和涉外法治就是要加快涉外法治的工作战略布局,协调推进国内治理和国际治理。近年来,国际商事法庭的建设成为我国涉外法治的热门话题,自2018年开始,我国致力于构建更为专业化、集中化的国际诉讼平台,从中央到地方启动国际商事法庭的建设,意在提升我国的国际司法公信力,树立大国司法威信。本文从我国建设国际商事法庭的视角切入,分析国际商事法庭的建设应当如何贯彻统筹推进国内法治和涉外法治重要思想,完善国内法律制度填补相关空白,加强国际商事法庭规则国际化程度,培养涉外法治人才。将统筹推进国内法治和涉外法治重要思想作为理论指导,将中国特色社会主义法治的智慧落实到国际商事法庭的建设实践中,才能真正在法治方面为我国在国际社会争取更多话语权,进一步推进构建人类命运共同体。

Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties is a necessary direction for the overall law-based governance, and an essential guarantee for the prevention and settlement of international economic and trade disputes, which requires to speed up the strategic layout of foreign-related rule of law work and coordinate the promotion of domestic and international governance. In recent years, the construction of the international commercial court has become a hot topic of China’s foreign-related rule of law. Since 2018, China has been com-mitted to building a more professional and centralized international litigation platform, starting the construction of the international commercial court from the central to the local, which aims to en-hance the international judicial credibility and establish the judicial prestige of China. This paper analyzes how the construction of an international commercial court should implement the im-portant thought of taking a coordinated approach to promoting the rule of law at home and in mat-ters involving foreign parties, improve the domestic legal system to fill the relevant gaps, strength-en the internationalization of the rules of the international commercial court, and cultivate for-eign-related rule of law talents. Only by taking this important thought and putting the wisdom of the socialist ruling by law with Chinese characteristics into practice when constructing the Interna-tional Commercial Court, can we truly win more voice for China in the international community in the area of the rule of law and further promote the construction of a community with a shared fu-ture for mankind.