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 pivota...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.展开更多
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 br...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."展开更多
Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes o...Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century.It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China's highlevel opening up.To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs,this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization.This is done from the perspectives of territory,normative,subject,and legal application dimensions.Key factors include the significant differences in official languages and legal cultures between jurisdictions,the closure of the legal profession admission mechanisms,and the inter-disciplinary requirements for talents praticing the rule of law in foreignrelated affairs.For this reason,the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification,strengthening international cooperation,and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.展开更多
基金This article represents a phase of the findings from the Major Program for Philosophy and Social Sciences Research of the Ministry of Education of China,titled"Research on the Major Issues of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner"(Project Approval No.21JZD031).
文摘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.
基金This article is a phased research achievement of the National Social Science Foundation's major project"Building China's Rule of Law System for Extraterritorial Application of Domestic Law"(Project Approval Number:20ZDA031).
文摘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."
文摘Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century.It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China's highlevel opening up.To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs,this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization.This is done from the perspectives of territory,normative,subject,and legal application dimensions.Key factors include the significant differences in official languages and legal cultures between jurisdictions,the closure of the legal profession admission mechanisms,and the inter-disciplinary requirements for talents praticing the rule of law in foreignrelated affairs.For this reason,the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification,strengthening international cooperation,and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.