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The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law
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作者 ZHAI Han 《The Journal of Human Rights》 2024年第3期548-566,共19页
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ... The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance. 展开更多
关键词 human rights clause foreign-related rule of law socialist constitution constitutionalization of human rights
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Construction and Application of An Interdisciplinary Team Teaching Model for Foreign-Related Nursing English in Higher Vocational Colleges from the Perspective of Ecolinguistics
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作者 Yuping Luo 《Journal of Contemporary Educational Research》 2023年第11期203-208,共6页
Under the background of globalization,there are severe challenges in the cultivation of the professional skills of nursing staff,especially the English skills of foreign-related nursing,which has become an important p... Under the background of globalization,there are severe challenges in the cultivation of the professional skills of nursing staff,especially the English skills of foreign-related nursing,which has become an important part of the training of nursing talents.At present,most English teaching of foreign-related nursing in higher vocational colleges follows the traditional grammar teaching model.However,as most of the teaching staff for medical English are English teachers who have limited nursing professional knowledge,the industry characteristics of medical English are not fully demonstrated in the teaching process,and the lack of practicality inevitably reduces the quality of medical English teaching.Therefore,the traditional nursing English teaching model in higher vocational colleges can no longer meet the actual teaching needs.There is an urgent need to implement an interdisciplinary team teaching model that completely fits the industry environment of foreign-related nursing English and apply it flexibly to improve the quality of foreign-related nursing English teaching in higher vocational colleges,and lay a solid foundation for professional practice of nursing staff.Based on the perspective of ecolinguistics,this article explores the application strategies of the interdisciplinary team teaching model for foreign-related nursing English in higher vocational colleges,with the view to provide guidelines for the actual teaching of foreign-related nursing English. 展开更多
关键词 Interdisciplinary team teaching English for foreign-related nursing Higher vocational education ECOLINGUISTICS
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Foreign-Related Tax Policy and Regime and Its Tendency of Development 被引量:1
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作者 Cheng Faguang Ph. D. , Deputy DirectorState Administration of TaxationPeople’s Republic of China 《经济研究参考》 1999年第30期20-28,共9页
China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralComm... China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralCommittee of the Chinese Communist Party, to meet the demands of thenew situation of opening to the outside world, several laws were promul- 展开更多
关键词 Re foreign-related Tax Policy and Regime and Its Tendency of Development
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CHINA'S FOREIGN-RELATED ARBITRATION 被引量:1
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作者 Li Fu, Arbitration Institute of theChina International Economic andTrade Arbitration Commission 《China's Foreign Trade》 1996年第1期24-24,共1页
Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration C... Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s 展开更多
关键词 CHINA’S foreign-related ARBITRATION
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FOREIGN-RELATED LEGISLATION AND
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《China Report ASEAN》 2019年第4期24-25,共2页
Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in r... Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in regulating foreign-related issues?Here’s a rundown. 展开更多
关键词 the FOURTH Plenary foreign-related CPC
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MAJOR FOREIGN-RELATED ADMINISTRATIVE AND SERVICE ORGANIZAIONS IN HEBEI PROVINCE
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《China's Foreign Trade》 1996年第6期44-45,共2页
1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTe... 1.Major foreign-relatedadministrative organizations: The Foreign-related Office of the HebeiProvincial People’s GovernmentThe Merchants Company of Hebei ProvinceAddress:Weiming Street No.10,Shijiazhuang,Hebei,ChinaTel:7042603 7042605 7092417Fax:(86)311-7042602 展开更多
关键词 Bank MAJOR foreign-related ADMINISTRATIVE AND SERVICE ORGANIZAIONS IN HEBEI PROVINCE
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Several Controversial Issues on Judicial Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law
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作者 HE Yun 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2024年第1期59-78,共20页
With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and dome... With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era. 展开更多
关键词 foreign-related arbitration judicial review/supervision procedural review Arbitration Law amendment
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The Rule of Law in Foreign-Related Affairs and Associated Talent Cultivation in China
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作者 DING Xiangshun HUO Junming 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期453-468,共16页
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
关键词 rule of law in foreign-related affairs rule oflaw in domestic affairs talents in the rule of law in foreign-related affairs legal system
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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
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作者 HUO Zhengxin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期531-550,共20页
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
关键词 rule of law in foreign-related affairs advancing the rule of law in domestic and foreign-related affairs in a coordinated manner extraterritorial effect extraterritorial application of domestic law
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Formalizing Foreign-Related Affairs Governance and Exercising Foreign-Related Laws in China
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作者 HAN Liyu 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期551-577,共27页
Foreign-related affairs are international relations considered from a domestic perspective,and their governance models vary over time.War has long been a decisive approach to handling international relations.With the ... Foreign-related affairs are international relations considered from a domestic perspective,and their governance models vary over time.War has long been a decisive approach to handling international relations.With the Charter of the United Nations requiring peaceful resolutions of international disputes and general banning use of force or threat of force to address international affairs,international relations have been placed on a track of legal governance.Governance of foreign-related affairs has to be formalized,although the associated legal governance model still has a close relationship with other models,and the domestic context plays a great role in this.Legal governance can adopt an approach to international law,domestic law,and policy coordination.The legal governance of China's foreign-related affairs can be regarded as the rule of law applied to foreign-related affairs.To exercise foreign-related affairs in a coordinated manner,appropriately exercising extraterritorial application and jurisdiction,safeguarding national sovereignty,security,and development interests,as well as common values of humanity,and building a human community with a shared future. 展开更多
关键词 foreign-related relations WAR legal governance rule of law in foreign affairs a human community with a shared future
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The Rule of Law in Foreign-Related Affairs in Building China into a Great Modern Country
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作者 HE Zhipeng 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期497-530,共34页
The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in ... The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in their modernization,demonstrating the values of a sound rule of law system for national strength.In particular,the rule of law,extended beyond national borders,provides a crucial guarantee for a great modern country's sustained,stable,and healthy path,and is also a clear symbol of a country's soft power.As China is progressing to become a great modern country,there is a need to pay a particularly close attention to the rule of law,actively promoting the legalization of foreign-related work.China's stance on the rule of law in foreign-related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation.In the context of this era,China's international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization,further enhancing the rule of law in China and the successful emergence of a great modern country. 展开更多
关键词 rule of law in foreign-related affairs a great modern country rule of law in China international 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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Foreign-related Tax Regime and ItsTendency of Development
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作者 Cheng Faguang (Deputy Director, State Administration of Taxation, People’s Republic of China) 《World Economy & China》 SCIE 1999年第3期55-62,共8页
关键词 VAT In foreign-related Tax Regime and ItsTendency of Development
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对涉外民事关系“涉外性”界定的再思考——兼议《〈涉外民事关系法律适用法〉若干问题解释(一)》第一条的完善 被引量:11
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作者 王小骄 《新疆大学学报(哲学社会科学版)》 CSSCI 2013年第4期52-57,共6页
《最高人民法院关于适用〈中华人民共和国涉外民事关系法律适用法〉若干问题的解释(一)》第一条以"法律关系要素说"为基础理论,对涉外民事关系的界定做了明确规定。"法律关系要素说"界定方法给法官实际操作以简化... 《最高人民法院关于适用〈中华人民共和国涉外民事关系法律适用法〉若干问题的解释(一)》第一条以"法律关系要素说"为基础理论,对涉外民事关系的界定做了明确规定。"法律关系要素说"界定方法给法官实际操作以简化直观等益处,但也存在客观连结点指标易引发隐性的法律规避、虚假涉外的无法排除、形式涉内但实质涉外案件的无法纳入等隐患。虽然引入了自由裁量权,但缺乏适用标准,带给实践的将是无法操作或被滥用的硬伤。对涉外民事关系的界定应将规则与方法辩证统一,对自由裁量权给予合理限制,赋予当事人异议的权利。 展开更多
关键词 涉外民事关系 涉外性 界定 自由裁量权
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Research on Speeding up the Internationalization of Private Higher Vocational Education 被引量:2
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作者 Jiangtao Geng Zengyi Kuang Zhimou Yu 《International Journal of Technology Management》 2017年第4期7-9,共3页
The internationalization of education and the implementation of bilingual education are the inevitable choice to promote the reform of education and teaching that improve the professional competitive advantage and car... The internationalization of education and the implementation of bilingual education are the inevitable choice to promote the reform of education and teaching that improve the professional competitive advantage and carry out the internationalization strategy. Since this article according to touches on foreign affairs the institute to found succeeds the experience background and the foundation, the encompassment "the education internationalization" this "touches on foreign affairs the characteristic" the school idea, elaborated building "the bilingual education" the environment and speeds up in the education internationalization process the measure research and the implementation, managed by the people touches on foreign affairs the higher vocational education by this promotion to speed up moves towards the internationalization the step. 展开更多
关键词 Higher vocational education. Internationalization Bilingual education foreign-related characteristics
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女性涉外秘书的语用特征 被引量:3
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作者 姚芬芳 《湖南第一师范学报》 2009年第2期104-106,117,共4页
随着我国加入WTO,涉外秘书职业不断地发展,女性逐渐成为这个职业的主体。从涉外秘书职业的特点分析,女性比男性更适合从事涉外秘书工作,其主要因素是女性语言具有语调温和、感情细腻、色彩涵蓄、风格高雅等独特的性别特征,女性比男性更... 随着我国加入WTO,涉外秘书职业不断地发展,女性逐渐成为这个职业的主体。从涉外秘书职业的特点分析,女性比男性更适合从事涉外秘书工作,其主要因素是女性语言具有语调温和、感情细腻、色彩涵蓄、风格高雅等独特的性别特征,女性比男性更具语言沟通技巧。 展开更多
关键词 涉外 秘书 女性 语言 优势
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国际民商事案件涉外性界定之双向判断标准
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作者 张广宗 《衡阳师范学院学报》 2018年第2期89-95,共7页
"一带一路"背景下,我国对外贸易繁荣程度前所未有,与此相关,国际民商事案件数量水涨船高,实践中,外国法适用情况并不乐观,这大大降低了外国当事人对我国法律的信任度。基于学说、立法以及实践上的局限性,国际民商事案件的涉... "一带一路"背景下,我国对外贸易繁荣程度前所未有,与此相关,国际民商事案件数量水涨船高,实践中,外国法适用情况并不乐观,这大大降低了外国当事人对我国法律的信任度。基于学说、立法以及实践上的局限性,国际民商事案件的涉外性判断应当采取一种稳定性和灵活性相统一的判断标准。国际民商事案件涉外性的界定应当采取"双向判断标准",即形式要素的判断和实质内涵的判断。形式要素的判断为第一阶段,具有稳定性的特征,解决的是案件的表象问题;实质内涵的判断为第二阶段,具有灵活性的特征,解决的是案件内容多元化的问题。两者分工明确,相得益彰。 展开更多
关键词 国际民商事案件 涉外性 双向判断标准
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外资企业、多维关联互动与中国区域产业路径升级
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作者 任卓然 贺灿飞 张培风 《经济地理》 CSCD 北大核心 2024年第4期22-32,共11页
文章构建了外资企业与本地多渠道互动框架,定量测算了多维关联指标,展示了外资企业与中国区域产业演化路径,探讨了外资企业与多维关联互动关系如何共同影响区域产业路径升级。研究发现:(1)中国区域产业演化经历了路径升级过程,且东部地... 文章构建了外资企业与本地多渠道互动框架,定量测算了多维关联指标,展示了外资企业与中国区域产业演化路径,探讨了外资企业与多维关联互动关系如何共同影响区域产业路径升级。研究发现:(1)中国区域产业演化经历了路径升级过程,且东部地区路径升级趋势更强。(2)外资企业可以通过打破技术和资本关联,推动中国区域产业路径升级。(3)良好的制度环境有助于强化外资企业技术和资本渠道对于推动区域产业路径升级的积极作用。(4)外资企业的技术和资本关联渠道的作用存在互补和强化关系,多种渠道互动共同推动了中国区域产业路径升级。研究成果对于理解外资企业与本地互动的复杂动态关系以及开展演化经济地理视角下的多维关联研究具有理论价值,定量指标构建有助于打开产业关联的“黑箱”,使相关研究的政策含义更明朗。 展开更多
关键词 外资企业 技术关联 资本关联 多维关联 路径升级
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Some Thoughts and Recommendations for Stepping up Legislation in the Foreign- Related Field
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作者 LIU Jingdong 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第4期578-602,共25页
Stepping up legislation in the foreign-related field is a foundation and prerequisite for advancing the rule of law in domestic and foreign-related affairs in a coordinated manner.It is also an important link in the p... Stepping up legislation in the foreign-related field is a foundation and prerequisite for advancing the rule of law in domestic and foreign-related affairs in a coordinated manner.It is also an important link in the promotion of the socialist legal system with the Constitution as the core,as proposed in the Report to the 20th National Congress of the Communist Party of China(CPC).Since China introduced the reform and openingup policy in 1978,China's legal system in the foreign-related field has evolved from initial formulation to mature framework,and China's legislation in the foreignrelated field has maintained distinct Chinese characteristics and contemporary features.Currently,China's legislation in the foreign-related field focuses on national security and on high-level opening-up.It continuously strengthens the connection of the rule of law in domestic affairs with that in international affairs,and consistently promotes the China's legal system of extraterritorial application.Furthermore,legislation in the foreign-related field in China still has issues to address,which includethe inconclusive status of international treaties within the legal system,a relatively conservativeedomestic approach in exercising extraterritorial jurisdiction,and a limited scope of legal liability.To better respond to the need of legislation in building a human community with a shared future and to enhance China's right to international legal discourse in global governance,China needs to move faster to introduce the Law on Foreign Relations of the People's Republic of China.This law shouldreflectthebasicpositions,principles,and policies that China upholds in matters of foreign relations,as highlighted in the Report to the 20th CPC National Congress.Furthermore,Chinashould continue to improve legislation in keyareas of national security and increase the preexisting punitive measures for responding to actions that harm national security both domestically and internationally.Legislation should also be strengthened to counter sanctions and interference,and supporting measures should be adopted to ensure the effect of relevant legislation.In the field of foreign economic and trade relations,China should incorporate highstandard international economic and trade rules in relevant legislations,and should legalize the replicable and promotable legal rules in the building of free trade zones.Additionally,the existing jurisdictional system and international commercial dispute resolutionsystem shoulddbe promoted. 展开更多
关键词 Report to the 20th National Congress of the Communist Party of China(CPC) legislation in foreign-related field legal system in foreign-related field rule of law in foreign-related affairs rule of law in domesticaffairs
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企业异质性、技术关联度与中国对外直接投资决策 被引量:8
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作者 高菠阳 郭凌煜 +1 位作者 黄志基 冯锐 《地理科学进展》 CSSCI CSCD 北大核心 2019年第10期1535-1544,共10页
“一带一路”倡议的深入推进标志着中国逐渐从“引进来”到“走出去”,通过更加多元化的方式参与全球化新时代的到来。论文利用Oriana亚太企业数据库和中国对外直接投资企业名录的微观企业数据,在刻画中国企业对外投资时空特征及演化过... “一带一路”倡议的深入推进标志着中国逐渐从“引进来”到“走出去”,通过更加多元化的方式参与全球化新时代的到来。论文利用Oriana亚太企业数据库和中国对外直接投资企业名录的微观企业数据,在刻画中国企业对外投资时空特征及演化过程的基础上,从企业异质性和技术关联效应等多角度考察对中国企业对外投资决策的影响因素。结果表明:全要素生产率对企业对外投资决策具有明显的正效应,国有企业相对于非国有企业更倾向于对外投资,东部企业较西部企业更倾向于对外投资。技术关联度能够显著提高企业对外投资水平。研究从更丰富全面的视角理解企业对外投资行为决策,为科学合理地指导企业在“一带一路”背景下走出去提供科学支撑。 展开更多
关键词 对外直接投资 企业异质性 技术关联度 中国
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