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SPECIAL ISSUE: RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Rule of Law Construction in China 被引量:1
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作者 Zeng Lingliang 《Social Sciences in China》 2017年第3期140-156,共17页
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 ... 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. 展开更多
关键词 the rule of law the domestic rule of law the international rule of law thethinking of international rule of law rule of law construction in China
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SPECIAL ISSUE: RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Methodological Innovation 被引量:1
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作者 Zhao Jun 《Social Sciences in China》 2017年第3期189-208,共20页
The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of intern... The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State's motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand "rehearsal" chance for the process of the rule of law to grasp the pros and cons in the planning andpractice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law. 展开更多
关键词 international rule of law METHODOLOGY dogmatics of law economics of law sociology of law experimental method
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SPECIAL ISSUE: RULE OF LAW--CHINA AND THE WORLD The Chinese Expression of the International Rule of Law 被引量:1
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作者 He Zhipeng 《Social Sciences in China》 2017年第3期175-188,共14页
The Chinese expression of the direction and progress of the international rule of law is an important part of showcasing China's stand and ideas in international relations, and serves as a major interactive link betw... The Chinese expression of the direction and progress of the international rule of law is an important part of showcasing China's stand and ideas in international relations, and serves as a major interactive link between the Chinese rule of law and the international rule of law. The progress of the international rule of law rests on the active, full and effective expression of various countries including China, so that it can become more just and rational. In order to express itself explicitly and effectively, China needs to participate actively in the practices of international rule of law, in a bid to expand its horizon, enlist public support, and obtain opportunities. 展开更多
关键词 international rule of law Chinese claims Chinese expression world order
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Coordinate Rule of Law Efforts in Both Domestic and Foreign-Related Matters
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作者 Huang Jin 《Social Sciences in China》 2024年第1期71-88,共18页
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... 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. 展开更多
关键词 comprehensive law-based governance rule of law in domestic matters foreignrelated rule of law rule of law in international matters
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Rule of Law at the National and International Levels: A Review from the Global Governance Perspective
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作者 赵骏 Lin Wanping 《Social Sciences in China》 2016年第2期41-60,共20页
The rule of law as a fundamental means of global governance has two levels, the national and the international. The national rule of law and the international rule of law, defined by their respective concepts, orienta... The rule of law as a fundamental means of global governance has two levels, the national and the international. The national rule of law and the international rule of law, defined by their respective concepts, orientations and fimctions, address governance issues at the national and international levels. Interdependent, they are linked effectively by two core factors of the rule of law: "good law" and "good governance." Between them is an ongoing process of interaction, a basic expression of their unified relationship. The framework of their interaction comprises three basic elements: individual states and the national rule of law; the international community and the international rule of law; and the medium of rule of law interaction. This interaction is two-way, cyclical, diversified, comprehensive and incremental. In this interactive process, China needs to define its international position and actively participate in the development of the international rule of law so as to establish its discourse right in this field. 展开更多
关键词 global governance national rule of law international rule of law interactionprocess
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Legalization of the Right to Peace in the Context of a Community with a Shared Future for Human Beings
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作者 刘明 NIU Huizi 《The Journal of Human Rights》 2021年第1期117-130,共14页
The right to peace means that all people have the right to resist aggression,and to safeguard and enjoy peace.As a collective right enjoyed by a country or people,the right to peace has not been clearly established as... The right to peace means that all people have the right to resist aggression,and to safeguard and enjoy peace.As a collective right enjoyed by a country or people,the right to peace has not been clearly established as a legal right by international laws or international conventions.This situation is closely related to the Western countries’long-term control of the individualistic human rights discourse.With the deepening of globalization and the addition of the concept of a community with a shared future for human beings in UN resolutions,peace is the common goal of all countries,and the whole of human society,and the international community is raising an increasingly higher demand for the right to peace based on the rule of law.The right to peace based on the rule of law requires that the international community stipulate the right to peace via international laws and conventions and clarify its connotations,the subjects of the right and their obligations,as the implementing agencies and ways to realize the right. 展开更多
关键词 right to peace a community with a shared future for human beings the international rule of law
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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
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作者 HUANG Huikang 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期469-496,共28页
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
关键词 XI Jinping Thought on the rule of law rule of law in domestic affairs rule of law in foreign-related affairs rule of law in international affairs
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Global Governance in Cyberspace: Process,Conflict and China’s Proposals
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作者 Wang Jiayi 《学术界》 CSSCI 北大核心 2020年第6期226-234,共9页
In recent years,problems such as cyber warfares,cyber espionages and cyber crimes have become global public nuisances and always challenge the authority of the sovereign states. Therefore,the governance of the derivat... In recent years,problems such as cyber warfares,cyber espionages and cyber crimes have become global public nuisances and always challenge the authority of the sovereign states. Therefore,the governance of the derivative problems concerning the global cyberspace has become an issue of importance in the international law. To overcome these challenges,sovereign states begin to get involved in cyberspace and seek international cooperation,so as to promote the evolution of the international rule of law in cyberspace. Currently,the cyberspace is filled with contradictions and conflicts. The cyber hegemonic states monopolize basic resources for cyberspaces,and their liberalism of double standards is the best tool to maintain their centralized and dominant situations. Moreover,the differences on governance problems between different camps leads to the significant institutional supply shortage. Accordingly,as a responsible power,China should advocate the Chinese solution and wisdom so as to create the reform of global cyberspace governance system. Possible specific measures include clarifying the governance structure of sovereign state-orientation,adhering to the model of shared governance with multilateral approach and multi-party participation. 展开更多
关键词 CYBERSPACE global governance sovereign state international rule of law
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