Strengthening The Legal Work Concerning Foreign Affairs (Studying And Implementing The Spirit Of The Party In The Fourth Plenary Session Of The 18Th CPC Central Committee)

The decision of the Central Committee of the Communist Party of China on the major issues of comprehensively promoting the rule of law in the fourth Plenary Session of the 18th CPC Central Committee (hereinafter referred to as the decision) adopted by the party has made important arrangements for strengthening the foreign related legal work under the new circumstances, reflecting the international vision and mission of the new central collective leadership, and better maintaining the overall domestic and international situation, and better maintaining and using our country in the two place. The important strategic opportunities for development and the better realization of the strategic objectives of China's peaceful development are of great significance for building a socialist legal system with Chinese characteristics and building a socialist country under the rule of law.

First, fully understand the importance and urgency of strengthening foreign-related legal work under the new situation.

Since the reform and opening up, China's foreign legal work has made great progress, safeguarded the orderly development of reform and opening up, safeguarded national security and legitimate rights and interests, and effectively promoted economic and social development. At present, China has entered a decisive stage of building a well-off society in an all-round way. Reform has entered a critical stage and a deepwater area. Opening up is facing new situations and new tasks. Foreign related legal work has become more prominent and more important in the country's rule of law and modernization.

　　 (1) to create a new situation of high level opening to the outside world, we need to strengthen foreign affairs. Legal work

Since the third Plenary Session of the 11th CPC Central Committee, China has successively formulated a series of backbone and supportive foreign related laws and regulations, such as "three foreign investment laws", customs law, commodity inspection law, foreign trade law, foreign related civil relations law applicable law, exit and Entry Administration Law and foreign exchange management regulations. Open and orderly provision is provided. Law Guarantee. Before and after China's accession to the world trade organization, China has launched the largest scale of laws, regulations, policies and measures since the founding of new China. It has basically established a foreign-related legal system that is in line with China's national conditions and WTO rules, and has supported a new pattern of all-round opening up. But we should also see that there are still many weak links in foreign related legal work, such as foreign investment, foreign aid, ports, development zones, etc. consular protection Such areas are unable to comply with or have lower levels of regulations. Foreign trade, nationality, management of foreigners in China and other areas are relatively general principles of laws and regulations, domestic and foreign capital laws and regulations are not uniform, and some policy regulations lack transparency, which restricts further opening up. The new central collective leadership put forward the implementation of a new round of high-level opening up to build an open economic new system. This needs to be deployed in accordance with the decision to improve laws and regulations concerning foreign affairs, and to implement, supervise and guarantee the rule of law in foreign countries, so as to enhance the level of institutionalization and rule of law in opening up to the outside world.

　　 (two) to adapt to the new situation of building a government under the rule of law, we need to strengthen foreign related legal work.

In recent years, foreign personnel, enterprises and organizations have been growing rapidly in China. Foreign businessmen have established more than 80 enterprises in China. In 2013, nearly 600 thousand of the foreigners lived in China, and 190 thousand of them were employed in China, and more than 50 million tourists arrived overnight. The problem of "three non" (illegal residence, illegal entry and illegal employment) is becoming increasingly prominent. At the same time, the number of Chinese citizens overseas is large, fast growing, and widely distributed. In 2013, 98 million 180 thousand outbound tourists from mainland China, 2.2 overseas registered enterprises were accumulated, and nearly 7 million workers were sent out, about 1600000 overseas students, and all kinds of interest disputes and rights protection incidents rose sharply. Due to the relatively lagging behind in the construction of relevant foreign laws and regulations, there is no clear provision for the rights and obligations of the government and the relative party. The legal basis for providing services, implementing supervision and handling disputes is insufficient and the pressure is increasing. This needs to be deployed in accordance with the decision, improving laws and regulations concerning foreign affairs, paying more attention to the application of the rule of law thinking and ways to deal with all kinds of foreign relations and improving the ability of governments at all levels to administer according to law under open conditions.

　 (three) to deal with the new challenges of safeguarding national security and stability, we need to strengthen foreign related legal work.

With the deepening of China's opening up to the outside world, the connotation of national security is more abundant than ever. The space and time domain is wider than ever, and the internal and external factors are more complicated than ever. On the one hand, smuggling, drug trafficking, foreign garbage, epidemic diseases, transnational crimes and so on show a grim situation. Anti-terrorism, overseas pursuit of stolen goods, money laundering and other tasks are also increasingly arduous. The number of cross-border law enforcement cooperation and international judicial assistance cases has increased significantly. On the other hand, the international situation is complex and changeable, and our citizens and enterprises are facing threats to their personal and property safety overseas. Over the past 10 years, our government has organized more than 10 overseas evacuations to deal with hundreds of cases of kidnapping and assaulting citizens abroad. However, the current laws and regulations for safeguarding national security are not sound, and consular protection is mainly dependent on diplomatic negotiations. This requires that the relevant laws and regulations be formulated and revised according to the decision, relying on legal means, supplemented by necessary administrative means, to build a strong "safety net" for Chinese enterprises and citizens.

　　 (four) to play a new role in the international arena, we need to strengthen foreign related legal work.

China's total economic volume has ranked second in the world. Foreign trade ranks first in the world. Two-way investment ranks first in the world, and its comprehensive national strength, international competitiveness and international influence have been greatly improved. China has entered the core circle of international negotiations on major political, development and economic issues, playing an increasingly important role in the global governance system such as the United Nations, the group of twenty, the world bank and the International Monetary Fund. However, China's role as the adaptor and receiver of the current international rules has not fundamentally changed, which is not commensurate with China's comprehensive national strength and international status. Actively participating in global governance and being the defenders and builders of international rules is an urgent need for safeguarding our development interests and shaping a good external environment, as well as a universal expectation of the international community. This needs to be deployed in accordance with the decision, actively participate in the formulation of international rules, enhance the right to speak in international affairs, and enhance the ability to use legal means to safeguard national interests.

?

?