The Rights of Persons Charged with Penal Offences to Access to Lawyers——A comparison between international and domestic laws

I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.

Coordinate Rule of Law Efforts in Both Domestic and Foreign-Related Matters

Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law.The profound essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement.This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,modern progressive theories of international law,and the exemplary facets of traditional Chinese culture.It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad.This philosophy underscores the approach to building a human community with a shared future through the rule of law,guaranteeing the fruition of national strategic aspirations.This resonates with profound contemporary,integrative,international,and strategic significance.Presently,the focus should be on fostering the development of foreign-related rule of law,maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters.It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties,step up research on and practical application of international law,and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties.

Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law,as well as between the rule of law in domestic affairs and that in international affairs,providing a bridge for China to build lawbased governance and to reform the global governance system for the new era.The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law.The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations.In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreignrelated affairs,thebuilding ofChina's system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China,with legislative,executive,and judicial authorities performing their respective duties.This building should be based on multilateralism,taking into account the legitimate concerns of other countries,and with the bottom line of not violating the prohibitive provisions of international law,and should be promoted with a balanced approach considering both"offense"and"defense."

Accurately Comprehending the Concept of"Rule of Law in Foreign- Related Affairs" to Promote Coordinated Advancement in the Rule of Law in Chinese Domestic and Foreign-Related Affairs

The n notion of"rule of law in foreign-related affairs"signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics.It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law.A precise comprehension of"rule of law in foreign-related affairs"necessitates tracing its origins and elucidating its correlations with both"rule of law in domestic affairs"as well as with"international rule of law."Acknowledging both domestic and international plerugatives,while holistically advancing law-based governance,constitutes the foundational rationale behind"rule of law in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"in foreign-related affairs."In addition,the cognitive transition from a"socialist legal system"to the"socialist rule of law"forms a theoretical foundation for the rule of law in foreign-related affairs.Although national governance and global governance,as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems,they are interconnected,mutually influential,and integrated.As a component of national rule of law,the rule of law in foreign related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law.It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs,thereby expediting the strategic deployment of the rule of law in foreign contexts.This strategy more effectively safeguards national sovereignty,security,and developmental interests while contributing to build a human community with|a shared future.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

A Critical Review on the Determinants of a Free, Fair and Credible Election

There is no specific and standard definition of what free, fair and credible democratic elections mean under international law. The international law by implications only tries to lay down a guide and qualities of what a free and fair democratic election should and what it should not be. Both emerging and established democracies present frequent deviations from the ideals of a free, fair and credible election. Confidence in the electoral process has therefore become a key concern for political scientists and electoral administrators prompting this critical review. This article is mainly theoretical in perspective using the primary and secondary data in its context. Findings indicate allegations of administrative restrictions being selectively applied to losers coupled with election rigging by winners. This confirms that the quest for measuring and determining the credibility of an electoral outcome or ＂freeness and fairness＂ of an electoral process needs a collaborative approach. A model is used to explain the complexity of defining free and fair elections while emphasis is placed on aligning domestic law to international laws.

On the “International Law-Based International Order”

In recent years,some countries have advocated a“rules-based international order.”However,they have not explicitly defined the“rules”here as“international law”and thereupon elaborated on their view of the rules for the international order.In fact,a series of legal practices implemented by these countries indicate that what they pursue is largely a view of rules that prioritizes domestic law over international law and regional international law over universal international law,and that politicizes international law.This view of rules undermines the role of international law in the international order and violates the requirements of the times for improving global governance and promoting the establishment of a more just and reasonable international order.To correct the view of rules pursued by these countries through the advocacy of a“rules-based international order,”China proposes an“international law-based international order.”The view of rules embodied in the“international law-based international order”recognizes that international law based and centered on the UN Charter is the authoritative system of rules governing international relations,while not excluding the role in the international order of other rules that do not violate international law.

Laws Concern Domestic Issues of the PRC

Article 1 This Law is formulated in accordance with the relevant provisions of the Constitution of the People’s Republic of China with a view to ensuring self-government by the villagers in the countryside, who will administer their own affairs in accordance with the law, and promoting socialist democracy at the grassroots level, socialist

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China

The rule of law has international as well as domestic attributes, so it can be divided into two levels： the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UN＇s rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.