Comment: The China Foreign Relations Law implements the foreign game system

Source: Ming Pao

Ming Pao Society Review

The People's Republic of China, which has just passed by the Standing Committee of the National People's Congress, has been implemented from yesterday.Although this law, known as the "Basic Law of China", has only 65 provisions, it is the first time in Chinese history to regulate diplomatic activities, filling a large gap in the field of rule of law.A new stage of institutionalization.The law is a major principle of China's diplomatic policy and system. For the first time, the "protecting overseas interests" clearly wrote in the legal provisions and constructed the basic legal framework applicable to the Chinese legal domain.Regarding the development of foreign sanctions and interference and the development of the "Belt and Road" initiative, the law has made clear stipulation, which means that China's diplomatic game has entered a new height of systematic response in the future.

The speed of legislation is a milestone

Multiple principles to leave full interfaces

Although the construction of the rule of law in the Mainland has made progress in recent years, the formulation of foreign -related laws has not been able to catch up with the major changes in the international situation for a century, especially in maintaining national sovereignty, security, and development.EssenceIn recent years, in response to Western countries' interference in China's internal affairs, the state has formulated anti -foreign sanctions laws, obstructing foreign laws and measures to absence the applicable measures outside the territory, and the provisions of the unreliable entity list."Mother Fa".

The draft of the "Foreign Relations Law" was submitted to the preliminary trial of the Standing Committee of the National People's Congress last October. At the end of December last year, I consulted the public opinion on the Internet for a month.On May 26, the Constitution and Legal Committee of the National People's Congress met to review the draft one by one in accordance with the opinions of the Standing Committee of the National People's Congress to modify and improve.The Standing Committee of the Standing Committee of the People's Congress closed last Wednesday completed the second trial of the Fa, and Xi Jinping, President of the Family President, signed and promulgated.As far as its legislative speed and internal and external influences are concerned, it can be called a milestone of China's foreign legal legislation.

The "Foreign Relations Law" clearly stipulates that "adhere to the centralized and unified leadership of the Chinese government for foreign work", and "central foreign affairs leadership organization is responsible for decision -making and coordination of foreign work ... top -level design, coordinated coordination", the National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its National People's Congress and its ownThe Standing Committee, the State President, the State Council, the Central Military Commission, and the Ministry of Foreign Affairs each perform their duties, which are responsible for the approval and abolition of international contracts, conducting state -owned activities on behalf of the country, managing foreign affairs and contracting, carrying out military exchanges and cooperation, handling foreign affairs and leaders.Over the other way, this diplomatic system with Chinese characteristics is clearly clarified, and China states that China "adheres to the path of peaceful development, adheres to the basic national policy of opening up to the outside world, and pursues mutual benefit and win -win and open strategy.", Maintain the international order based on international law, and maintain the basic guidelines of international relations based on the purpose and principles of the United Nations Charter. "

Article 32 of the Law stipulates that "the state has strengthened the implementation and application of laws and regulations of foreign -related fields on the basis of compliance with the basic principles of international law and the basic criteria of international relations, and adopted measures such as law enforcement and judicial measures in accordance with the law." ThirdArticle 17 stipulates that "the state takes necessary measures in accordance with the law" to protect citizens and organizations' overseas security, legitimate rights and interests as well as the country's overseas interests.These provisions highlight the out -of -the -world applicability of Chinese law. With the deepening of international cooperation plans such as the “Belt and Road”, the reality of the national interests of China's national interests can no longer be ignored."Foreign Relations Law" to solve a major problem.In this regard, the person in charge of the Standing Committee of the National People's Congress of the National People's Congress explained that the "Foreign Relations Law" provides to strengthen the implementation and application of laws and regulations of foreign -related fields.The "long arm jurisdiction" is completely different.

Applicable protection benefits outside the law

Provide the basis for anti -sanctions and interference

Article 33 of the "Foreign Relations Law" stipulates that China has the right to take countermeasures to endanger the country's "sovereignty, security, and development interests", and the "State Council and its department ...… Determine and implement relevant countermeasures and restrictions ", so" the decision made as the final decision "is not allowed to appeal.Wang Yi claimed that this was "good use of the rule of law weapons, continuously enriched and improved the legal‘ tool box ’”, and “conducive to preventing, warning and deterrent effects”.

In fact, countermeasures to counter foreign sanctions are not the only purpose of the "Foreign Relationship Law". The law also stipulates that "the treaties and agreements concluded or participated in the state must not be conflicted with the constitution", and the implementation and application of the treaty and agreement shall not harm the stateSovereignty, security and social public interests. "It highlights the law of the law that raises the nature of China's diplomatic activities and shows that in foreign relations, China's national interests are higher than all. Any diplomatic documents and commitments that harm China's rights and interests are illegal and invalid, and will not be acknowledged.Provide more room for interpretation for international courts and diplomatic occasions, and provide more legal basis for the protection of national sovereignty, national security or public interests, and to prevent sanctions, anti -interference, and protecting the country's overseas interests.

The "Foreign Relations Law" states that "provinces, autonomous regions, and municipalities directly under the Central Government conduct foreign exchanges and cooperation within a specific range in accordance with central authorities."It does not include the "Special Administrative Region", because according to the Basic Law, the central government is responsible for managing foreign affairs related to the SAR, and the central government also authorizes the SAR to handle foreign affairs in accordance with the Basic Law.However, the "Foreign Relations Law" states that all sectors of society and citizens "have the responsibility and obligations of maintaining national sovereignty, security, dignity, honor, and interests in foreign exchanges and cooperation."There is no reminder reference meaning.