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The Essence and Measures of Strengthening the Foreign-Related Legal System and Capacity—A Study of Volume V of *Xi Jinping: The Governance of China*

郭雳:加强涉外法治体系和能力建设的要旨与举措——学习《习近平谈治国理政》第五卷

· · Research Highlights · People's Daily, 29 October 2025 · 14 min read

Foreign-related rule of law, as an important component of the socialist rule-of-law system with Chinese characteristics, concerns the comprehensive law-based governance of the country and the overall situation of China’s opening up and diplomatic work. Since the New Era, the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to foreign-related rule-of-law work and has issued a series of important expositions. In February 2019, General Secretary Xi Jinping, when presiding over the second meeting of the Central Committee for Comprehensive Law-Based Governance, emphasized: “Strengthen the construction of foreign-related rule of law to create a favorable legal environment for advancing reform, development, and stability work”; in November 2020, at the Central Conference on Work Related to Comprehensive Law-Based Governance, he emphasized: “Accelerate the strategic layout of foreign-related rule-of-law work, coordinate the advancement of domestic governance and international governance, and better safeguard national sovereignty, security, and development interests”; in October 2021, at the Central People’s Congress Work Conference, he emphasized “coordinated advancement of domestic rule of law and foreign-related rule of law”; and so on. The article “Strengthening the Construction of Foreign-Related Rule of Law” included in Volume V of *Xi Jinping: The Governance of China* is the key points of General Secretary Xi Jinping’s speech when presiding over the tenth collective study session of the 20th Political Bureau of the CPC Central Committee. The article points out: “From the height of better coordinating both domestic and international imperatives and better coordinating development and security, we must deeply understand the importance and urgency of doing a good job in foreign-related rule-of-law work, build a foreign-related rule-of-law system and capacity commensurate with high-quality development and high-level opening up, and create favorable legal conditions and an external environment for the steady and sustained progress of Chinese-path modernization.” Currently, the world has entered a period of turbulence and transformation, and international competition is increasingly manifested as competition in systems, rules, and laws. Strengthening the construction of foreign-related rule of law is conducive to our better response to the risks and challenges brought by the unstable and uncertain international environment, to creating an important lever for protecting the security chain of China’s overseas interests, and to further consolidating the institutional foundation for promoting the building of a community with a shared future for mankind. As an important part of Xi Jinping Thought on the Rule of Law, General Secretary Xi Jinping’s important expositions on foreign-related rule-of-law work are original theories that have gradually matured and developed amid the accelerated evolution of changes unseen in a century and the continuous advancement and expansion of Chinese-path modernization, and are representative achievements of Xi Jinping Thought on the Rule of Law in the field of foreign-related rule of law.

涉外法治作为中国特色社会主义法治体系的重要组成部分,事关全面依法治国,事关我国对外开放和外交工作大局。新时代以来,以习近平同志为核心的党中央高度重视涉外法治工作,发表了一系列重要论述。2019年2月,习近平总书记主持召开中央全面依法治国委员会第二次会议时强调:“加强涉外法治建设,为推进改革发展稳定工作营造良好法治环境”;2020年11月,在中央全面依法治国工作会议上强调:“要加快涉外法治工作战略布局,协调推进国内治理和国际治理,更好维护国家主权、安全、发展利益”;2021年10月,在中央人大工作会议上强调“统筹推进国内法治和涉外法治”;等等。《习近平谈治国理政》第五卷收入的《加强涉外法治建设》一文,是习近平总书记在主持二十届中共中央政治局第十次集体学习时的讲话要点。文章指出:“要从更好统筹国内国际两个大局、更好统筹发展和安全的高度,深刻认识做好涉外法治工作的重要性和紧迫性,建设同高质量发展、高水平开放要求相适应的涉外法治体系和能力,为中国式现代化行稳致远营造有利法治条件和外部环境。”当前,世界进入动荡变革期,国际竞争越来越体现为制度、规则、法律之争。加强涉外法治建设,有利于我们更好应对不稳定不确定国际环境带来的风险挑战、打造保护我国海外利益安全链条的重要抓手,进一步夯实推动构建人类命运共同体的制度基础。作为习近平法治思想的重要内容,习近平总书记关于涉外法治工作的重要论述,是在百年变局加速演进、中国式现代化不断推进和拓展中逐渐发展成熟的原创性理论,是习近平法治思想在涉外法治领域的代表性成果。

Strengthening the construction of foreign-related rule of law means using a systematic and complete strategic layout of foreign-related rule of law to respond to foreign-related legal risks and challenges, using high-level opening up led by institutional opening up to resist economic and trade hegemony and bullying, safeguarding national and people’s interests by maintaining the international system and improving international rule of law, and opening up new prospects for global governance. We should take the in-depth study of Volume V of *Xi Jinping: The Governance of China* as an opportunity to deepen our understanding of the theoretical innovation in strengthening the construction of foreign-related rule of law, thoroughly summarize the practical experience of strengthening the construction of foreign-related rule of law, profoundly grasp the Chinese wisdom and global significance contained in strengthening the construction of foreign-related rule of law, and provide a strong foreign-related rule-of-law guarantee for advancing and expanding Chinese-path modernization.

加强涉外法治建设,就是要以系统完备的涉外法治战略布局应对涉外法律风险挑战,以制度型开放引领的高水平对外开放抵制经贸霸权霸凌,通过维护国际体系、完善国际法治维护国家和人民利益,开创全球治理新局面。我们要以深入学习《习近平谈治国理政》第五卷为契机,深化认识加强涉外法治建设的理论创新,深入总结加强涉外法治建设的实践经验,深刻把握加强涉外法治建设所蕴含的中国智慧和世界意义,为推进和拓展中国式现代化提供强有力的涉外法治保障。

An Important Thought Gradually Matured in the Great Practice of the New Era

在新时代伟大实践中逐步成熟的重要思想

General Secretary Xi Jinping pointed out in “Strengthening the Construction of Foreign-Related Rule of Law”: “The rule of law accompanies opening up; every step forward in opening up requires a corresponding step forward in the construction of foreign-related rule of law.” Since the 18th National Congress of the CPC, China has increasingly stepped onto the center of the world stage, its connections and interactions with the world have become closer, and the fields of foreign-related affairs have continuously broadened, which has placed higher demands on foreign-related rule-of-law work. The Party Central Committee with Comrade Xi Jinping at its core has made a series of major decisions and deployments on comprehensive law-based governance, and its thinking on foreign-related rule-of-law work has continued to deepen and innovate.

习近平总书记在《加强涉外法治建设》中指出:“法治同开放相伴而行,对外开放向前推进一步,涉外法治建设就要跟进一步。”党的十八大以来,我国日益走近世界舞台中央,与世界联系互动越来越密切,涉外事务领域不断拓宽,这对涉外法治工作提出了更高要求。以习近平同志为核心的党中央对全面依法治国作出一系列重大决策部署,关于涉外法治工作的思考持续深入、不断创新。

In 2014, the Fourth Plenary Session of the 18th CPC Central Committee [1]1 A classical Chinese saying from the Qing dynasty scholar Gu Yanwu’s *Record of Daily Knowledge* (《日知录》), emphasizing the strength of collective effort. made top-level design and strategic deployment for comprehensive law-based governance, proposing to “strengthen foreign-related legal work, use legal means to safeguard China’s sovereignty, security, and development interests, and protect the legitimate rights and interests of Chinese citizens and legal persons abroad and foreign citizens and legal persons in China.” The plenary session’s “Decision” [2]2 A four-character idiom meaning “to gather broad consensus.” for the first time, in the form of a central document, made clear arrangements for “strengthening foreign-related legal work,” providing scientific guidance for using law to handle foreign-related affairs. This was of great significance for better coordinating both domestic and international imperatives, better maintaining and utilizing the important period of strategic opportunity for China’s development, better realizing China’s strategic goal of peaceful development, and for building a socialist rule-of-law system with Chinese characteristics and building a socialist country under the rule of law.

2014年,党的十八届四中全会对全面依法治国作出顶层设计和战略部署,提出“加强涉外法律工作,运用法律手段维护我国主权、安全、发展利益,维护我国公民、法人在海外及外国公民、法人在我国的正当权益”。全会《决定》首次以中央文件形式对“加强涉外法律工作”作出明确部署,为用法律来解决涉外事务提供了科学指引,对于更好统筹国内国际两个大局、更好维护和运用我国发展的重要战略机遇期、更好实现我国和平发展的战略目标,对于建设中国特色社会主义法治体系、建设社会主义法治国家,都具有重要意义。

In February 2019, General Secretary Xi Jinping, when presiding over the second meeting of the Central Committee for Comprehensive Law-Based Governance, emphasized: “We must improve the rule-of-law construction plan, enhance the quality and efficiency of legislative work, ensure and serve reform and development, create a harmonious and stable social environment, and strengthen the construction of foreign-related rule of law.” At that time, the international situation was becoming increasingly complex, and some Western countries were exerting extreme pressure on China

2019年2月,习近平总书记主持召开中央全面依法治国委员会第二次会议时强调:“要完善法治建设规划,提高立法工作质量和效率,保障和服务改革发展,营造和谐稳定社会环境,加强涉外法治建设”。当时,国际形势日趋复杂,一些西方国家对我国进行极限施压。习近平总书记的重要论述展现出战略性和前瞻性,指引我国涉外法治建设深入推进。2019年10月,党的十九届四中全会从坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化的高度,对加强涉外法治工作作出安排,提出完善涉外经贸法律和规则体系、建立涉外工作法务制度等。2020年2月,习近平总书记主持召开中央全面依法治国委员会第三次会议时强调:“要加强国际法治领域合作,加快我国法域外适用的法律体系建设,加强国际法研究和运用,提高涉外工作法治化水平。”2020年11月,面对全球公共卫生危机和国际形势愈发严峻带来的考验,习近平总书记统筹国内国际两个大局,在中央全面依法治国工作会议上强调“要坚持统筹推进国内法治和涉外法治”。这次会议明确将坚持统筹推进国内法治和涉外法治纳入习近平法治思想的“十一个坚持”,对加快涉外法治工作战略布局、协调推进国内治理和国际治理作出系统部署,将涉外法治建设提升到前所未有的高度。2021年12月,习近平总书记在主持十九届中共中央政治局第三十五次集体学习时提出“加强涉外领域立法,推动我国法域外适用的法律体系建设”。

In October 2022, at the 20th National Congress of the CPC, General Secretary Xi Jinping emphasized "strengthening legislation in key areas, emerging areas, and foreign-related areas," making strategic deployments for coordinating the advancement of domestic rule of law and foreign-related rule of law, and the important discourse on strengthening foreign-related rule of law construction has become increasingly mature and complete. In November 2023, when presiding over the tenth collective study session of the Political Bureau of the 20th CPC Central Committee,

2022年10月,习近平总书记在党的二十大报告中强调“加强重点领域、新兴领域、涉外领域立法”,对统筹推进国内法治和涉外法治作出战略部署,加强涉外法治建设的重要论述日趋成熟完整。2023年11月,习近平总书记在主持二十届中共中央政治局第十次集体学习时,从更好统筹国内国际两个大局、更好统筹发展和安全的高度,对形成涉外法治工作大协同格局、服务高水平对外开放、加强专业人才培养和队伍建设、讲好新时代中国法治故事等作出重大部署。党的二十届三中全会将“加强涉外法治建设”作为完善中国特色社会主义法治体系的一项重点任务进行部署。这些重要论述和重要部署,为我们在新时代新征程加强涉外法治工作提供了根本遵循。

On the whole, Xi Jinping Thought on the Rule of Law emphasizes strengthening the construction of the foreign-related rule of law, profoundly answering a series of major theoretical and practical questions concerning the construction of the foreign-related rule of law in the New Era. The theoretical logic and practical logic within it are highly unified. It creatively puts forward new concepts represented by "foreign-related rule of law construction" and "foreign-related rule of law system and capacity," as well as a new system that precisely delineates domestic rule of law and foreign-related rule of law, emphasizing the coordinated advancement of both domestic and foreign-related rule of law. At the same time, it deeply elaborates on new propositions such as "promoting global good governance with international good law, and helping to build a community with a shared future for mankind" and "building a foreign-related rule of law system and capacity that meets the requirements of high-quality development and high-level opening up." These innovations in concepts, propositions, and systems indicate that strengthening the construction of the foreign-related rule of law is a crystallization of thought and theory that has gradually matured in the great practice of the New Era.

总的来看,习近平法治思想强调加强涉外法治建设,深刻回答了新时代涉外法治建设的一系列重大理论和实践问题,其中的理论逻辑和实践逻辑是高度统一的,既创造性提出以“涉外法治建设”“涉外法治体系和能力”为代表的新概念和精准划分国内法治和涉外法治的新体系、强调统筹推进国内法治和涉外法治,又深入阐释“以国际良法促进全球善治,助力构建人类命运共同体”“建设同高质量发展、高水平开放要求相适应的涉外法治体系和能力”等新命题。这些概念、命题、体系创新表明,加强涉外法治建设是在新时代伟大实践中逐步成熟的思想和理论结晶。

Responding to practical needs and embodying profound concern, these major innovations

回应现实需求、蕴含深沉关切的重大创新

General Secretary Xi Jinping pointed out in “Strengthening Foreign-Related Legal System Building”: “Strengthening foreign-related legal system building is both a long-term necessity for comprehensively advancing the great cause of building a strong country and the great rejuvenation of the Chinese nation through Chinese-path modernization, and an urgent task for promoting high-level opening up and responding to external risks and challenges.” As a representative achievement of Xi Jinping Thought on the Rule of Law in the field of foreign-related rule of law, strengthening foreign-related legal system building originates from General Secretary Xi Jinping’s examination of and response to the practical needs in the process of Chinese-path modernization, as well as his concern for and reflection on the major contemporary issues of today’s society. It embodies a profound historical sense of responsibility and a great spirit of creativity, demonstrating a powerful practical force in the construction of Chinese-path modernization.

习近平总书记在《加强涉外法治建设》中指出:“加强涉外法治建设既是以中国式现代化全面推进强国建设、民族复兴伟业的长远所需,也是推进高水平对外开放、应对外部风险挑战的当务之急。”作为习近平法治思想在涉外法治领域的代表性成果,加强涉外法治建设源自习近平总书记对中国式现代化进程中实践需求的审视与回应、对当今社会重大时代课题的关切与思考,体现了深厚历史担当和伟大创造精神,在中国式现代化建设中展现出强大实践伟力。

Since the New Era, under the guidance of Xi Jinping Thought on the Rule of Law, China’s top-level design for foreign-related rule of law has been accelerated, the system of foreign-related laws and regulations has been rapidly improved, international exchanges and cooperation in the field of rule of law have been continuously deepened, the effectiveness of foreign-related law enforcement, judiciary, and legal services has been effectively enhanced, and the contingent of foreign-related legal work has grown and strengthened. The breadth and depth of China’s foreign-related legal system building have been greatly expanded, and the ability to use legal means and methods to safeguard the interests of the state and the people has been significantly improved.

新时代以来,在习近平法治思想引领下,我国涉外法治顶层设计加快完善,涉外法律法规体系加快建设,法治领域国际交流合作不断深化,涉外执法司法和法律服务水平有效提升,涉外法治工作队伍发展壮大。我国涉外法治建设的广度深度大幅拓展,运用法治手段和法治方式维护国家和人民利益的能力显著提升。

Responding to the increasingly severe foreign-related legal risks under the changes unseen in a century with a systematic and complete strategic layout for foreign-related rule of law. The rule of law plays an important role in consolidating foundations, stabilizing expectations, and securing long-term benefits, and has been widely accepted as a common concept for national governance and global governance. Currently, the changes unseen in a century are accelerating, the international balance of power is undergoing profound adjustments, the trend of anti-globalization is rising, local conflicts and turbulence occur frequently, and global problems are intensifying. At the same time, some Western countries, through means such as trade wars and technological wars, are attempting to contain China’s development process. All these place higher demands on China’s foreign-related legal system and capacity building, requiring us to actively participate in international rule-of-law practice by strengthening foreign-related legal system building and respond to the international situation in accordance with the law. The foreign-related legal system is the foundation of foreign-related rule of law

以系统完备的涉外法治战略布局应对百年变局下日趋严峻的涉外法律风险。法治具有固根本、稳预期、利长远的重要作用,已经被广泛接受为国家治理与全球治理共同的理念。当前,世界百年未有之大变局加速演进,国际力量对比深刻调整,逆全球化思潮抬头,局部冲突和动荡频发,全球性问题加剧;与此同时,一些西方国家通过发起贸易战、科技战等方式,企图遏制我国发展进程。这些都对我国涉外法治体系和能力建设提出了更高要求,需要我们通过加强涉外法治建设积极参与国际法治实践,依法应对国际形势。涉外法律制度是涉外法治的基础。习近平总书记提出“加强重点领域、新兴领域、涉外领域立法”,指导加大涉外领域立法的深度、广度和力度,基本形成了涉外法律法规体系的“四梁八柱”,进一步完善了涉外法治体系,为我们以法治方式应对风险挑战提供了保障。在此之上,习近平法治思想还提出建立一体推进涉外立法、执法、司法、守法和法律服务、法治人才培养的工作机制,形成涉外法治工作大协同格局。

Resisting international hegemonic bullying and safeguarding the multilateral trading system through high-level opening up led by the expansion of institutional opening up. Promoting Chinese-path modernization in an all-round way through high-quality development places higher demands on China’s level of opening up. Further raising China’s level of opening up and accelerating the transformation from a flow of goods and factors-driven opening up to an institution-based opening up are inherent requirements for propelling China’s economy toward a higher level of opening up. In recent years, some Western countries have imposed economic and trade restrictive measures such as tariff increases on China, which seriously violate international economic and trade rules and agreements among all parties. Faced with various chaotic phenomena contrary to the global trend, such as extreme protectionism, China has unswervingly adhered to opening up. Xi Jinping Thought on the Rule of Law regards the construction of systems and laws as an important element in enhancing international competitiveness and expanding high-level opening up, emphasizing the need to steadily expand institutional opening up, raise the level of trade and investment liberalization and facilitation, and build a new system for a higher-level open economy. It insists on effectively responding to the severe and complex international situation through dialogue, consultation, mutual benefit, and win-win outcomes, guiding China’s foreign-related rule-of-law construction in the economic, trade, and financial fields to achieve significant progress. In terms of domestic legislation, we have enacted laws and regulations such as the Civil Code and the Law on Promoting the Private Economy to further ensure the building of a market-oriented, law-based, and internationalized first-class business environment. In terms of international practice, we have firmly upheld the international economic and trade order, effectively enhancing our capacity to counter sanctions, interference, and “long-arm jurisdiction.” China has taken the high ground of the rule of law and gradually gained the initiative in economic and trade negotiations.

以扩大制度型开放所引领的高水平对外开放抵制国际霸权霸凌、维护多边贸易体制。以高质量发展全面推进中国式现代化,对我国对外开放水平提出了更高要求。进一步提高我国对外开放水平,加快推动商品和要素流动型开放向制度型开放转变,是推动我国经济迈向更高水平对外开放的内在要求。近年来,部分西方国家对我国出台加征关税等经贸限制措施,严重违反了国际经贸规则和各方约定。面对极端保护主义等逆世界潮流的种种乱象,我国坚持对外开放不动摇。习近平法治思想把制度、法律等方面的建设作为提升国际竞争力、扩大高水平对外开放的重要内容,强调要稳步扩大制度型开放、提升贸易和投资自由化便利化水平、建设更高水平开放型经济新体制等,坚持以对话协商、互利共赢的方式有效应对严峻复杂的国际形势,指导我国经贸、金融领域的涉外法治建设取得重大进展。在国内立法方面,我们出台民法典、民营经济促进法等法律法规,进一步保障建设市场化、法治化、国际化一流营商环境;在国际实践方面,我们坚定维护国际经贸秩序,反制裁、反干涉、反“长臂管辖”能力得到有效提升,我国站在了法治制高点上并逐渐赢得经贸谈判主动权。

Safeguarding the interests of the state and the people by upholding the international system and improving international rule of law, and opening up new prospects for global governance. At present, hegemonic, domineering, and bullying acts such as unilateralism and protectionism frequently appear, highlighting the security and governance deficit risks in the international community. “One who tries to lift alone finds it hard; many travelers make light the journey.” [1]1 A classical Chinese saying from the Qing dynasty scholar Gu Yanwu’s *Record of Daily Knowledge* (《日知录》), emphasizing the strength of collective effort. Proceeding from the objective reality of the intertwined destinies and shared interests of nations, General Secretary Xi Jinping has accurately identified changes, scientifically responded to changes, and actively sought changes amidst the changes unseen in a century. He has proposed that the fundamental purpose of advancing foreign-related rule-of-law work is to better safeguard the interests of the state and the people through legal means, promote the progress of international rule of law, and promote the building of a community with a shared future for mankind. This profoundly reveals that in foreign-related rule-of-law work, we should establish a holistic view of interests,凝聚普遍共识 [2]2 A four-character idiom meaning “to gather broad consensus.” and seek common interests between the Chinese nation and countries around the world. General Secretary Xi Jinping has also proposed firmly upholding the international system with the United Nations at its core, the international order based on international law, and the basic norms of international relations based on the purposes and principles of the UN Charter, as well as firmly upholding the multilateral trading system with the World Trade Organization at its core, clarifying the principles and essence for achieving scientific response to changes in our foreign-related rule-of-law construction. Guided by Xi Jinping Thought on the Rule of Law, China has in recent years scientifically and effectively responded to international changes, actively adopted diversified measures to promptly intervene in vile acts that may endanger regional peace and stability, effectively opposed hegemonism and power politics, and vigorously promoted equal and orderly world multipolarization and inclusive and beneficial economic globalization.

以维护国际体系、完善国际法治维护国家和人民利益,开创全球治理新局面。当前,单边主义、保护主义等霸权霸道霸凌行径频频出现,凸显了国际社会的安全和治理赤字风险。“孤举者难起,众行者易趋。”从国与国命运交织、休戚与共的客观现实出发,习近平总书记在百年变局中准确识变、科学应变、主动求变,提出推进涉外法治工作,根本目的是用法治方式更好维护国家和人民利益,促进国际法治进步,推动构建人类命运共同体。这深刻揭示出在涉外法治工作中应树立整体利益观,在中华民族与世界各国之间凝聚普遍共识、寻求共同利益。习近平总书记还提出要坚定维护以联合国为核心的国际体系、以国际法为基础的国际秩序、以联合国宪章宗旨和原则为基础的国际关系基本准则,坚定维护以世界贸易组织为核心的多边贸易体制,明确了我们在涉外法治建设中实现科学应变的原则要旨。在习近平法治思想指引下,近年来我国科学有效地应对国际变局,积极采取多元化措施及时干预可能危害地区和平稳定的恶劣行径,在有效反对霸权主义和强权政治的同时,有力推进了平等有序的世界多极化和普惠包容的经济全球化。

Accelerating the Construction of China’s Foreign-Related Legal System and Capacity Building

加快推进我国涉外法治体系和能力建设

General Secretary Xi Jinping pointed out in “Strengthening Foreign-Related Rule-of-Law Construction”: “On the new journey of building a strong country and realizing national rejuvenation, we must adhere to the correct political direction, with a more proactive sense of historical responsibility and creative spirit, to accelerate the construction of our country’s foreign-related legal system and capacity building.” To accelerate the construction of China’s foreign-related legal system and capacity building, we must coordinate domestic and international affairs, coordinate development and security, and adhere to forward-looking thinking, holistic planning, strategic layout, and integrated advancement. We must deeply understand and grasp the scientifically guiding role of Xi Jinping Thought on the Rule of Law in China’s foreign-related rule-of-law practice. Taking Xi Jinping Thought on the Rule of Law as the guide, we must accelerate the construction of a foreign-related legal system and capacity that meets the requirements of high-quality development and high-level opening up.

习近平总书记在《加强涉外法治建设》中指出:“在强国建设、民族复兴新征程上,必须坚持正确政治方向,以更加积极的历史担当和创造精神,加快推进我国涉外法治体系和能力建设。”加快推进我国涉外法治体系和能力建设,必须统筹国内和国际,统筹发展和安全,坚持前瞻性思考、全局性谋划、战略性布局、整体性推进。我们要深刻认识和把握习近平法治思想对我国涉外法治实践的科学指引作用,以习近平法治思想为指引,加快建设同高质量发展、高水平开放要求相适应的涉外法治体系和能力。

Adhering to a people-centered approach and systematically advancing foreign-related rule-of-law work. Adhering to a people-centered approach is a distinctive feature of Xi Jinping Thought on the Rule of Law. This determines that accelerating the construction of China’s foreign-related legal system and capacity building must adhere to the people’s standpoint, coordinate the advancement of domestic rule of law and foreign-related rule of law, accelerate the strategic layout of foreign-related rule-of-law work, and realize the use of legal methods to safeguard the interests of the state and the people. Foreign-related rule-of-law work is a systematic project involving a wide range of areas and strong interconnections. We must adhere to legislation first, simultaneously enacting, amending, abolishing, and interpreting laws, focus on new practices and new requirements in China’s foreign-related rule-of-law work, promptly enact specialized foreign-related legislation, pay attention to improving relevant foreign-related clauses in laws, and promote the construction of a legal system for the extraterritorial application of Chinese law. At the same time, we must comprehensively use multiple means to enhance the efficiency of foreign-related law enforcement and justice, vigorously develop foreign-related legal services, raise the level of foreign-related legal services, properly respond to major risks and challenges, and promote the steady and long-term progress of the cause of the Party and the people.

坚持以人民为中心,系统推进涉外法治工作。坚持以人民为中心是习近平法治思想的鲜明特征,这决定了加快推进我国涉外法治体系和能力建设必须坚持人民立场,统筹推进国内法治和涉外法治,加快涉外法治工作战略布局,实现运用法治方式维护国家和人民利益。涉外法治工作是一项涉及面广、联动性强的系统工程。要坚持立法先行,立改废释并举,聚焦我国涉外法治工作中的新实践新要求,抓紧专门性涉外立法,注重完善相关法律涉外条款,推动我国法域外适用的法律体系建设。同时,综合运用多种手段,提升涉外执法司法效能,大力发展涉外法律服务,提高涉外法律服务水平,妥善应对重大风险挑战,推动党和人民事业行稳致远。

Build a foreign-related legal system commensurate with the demands of high-quality development and high-standard opening up. This is an inherent requirement for better coordinating high-quality development and high-standard opening up, and also an important component of strengthening foreign-related legal construction. The socialist market economy is essentially a rule-of-law economy, and high-quality development is the unshakable principle of the New Era. To strengthen foreign-related legal construction, on the one hand, we must improve the open and transparent system of foreign-related laws and regulations, create a world-class business environment that is market-oriented, law-based, and internationalized, proactively align with high-standard international economic and trade rules, and steadily expand institutional opening up. This will help better leverage China's advantages as a super-large market, enabling it to conduct all-round, multi-field, and deep-level exchanges and cooperation within its ever-expanding international "circle of friends," and better serve the promotion of reform, development, and innovation through opening up with the certainty, enforceability, and guiding role of the rule of law. On the other hand, we must further improve laws and regulations against sanctions, interference, and "long-arm jurisdiction," and deepen international cooperation in foreign-related law enforcement and justice. This will help comprehensively enhance the capacity to safeguard open security according to law, providing robust protection for China's high-quality economic development.

建设同高质量发展、高水平开放要求相适应的涉外法治体系。这是更好统筹高质量发展和高水平开放的题中应有之义,也是加强涉外法治建设的重要内容。社会主义市场经济本质上是法治经济,高质量发展是新时代的硬道理。加强涉外法治建设,一方面要完善公开透明的涉外法律法规体系,营造市场化、法治化、国际化一流营商环境,主动对接高标准国际经贸规则,稳步扩大制度型开放。这有利于更好发挥我国超大规模市场优势,使我国在日益扩大的国际“朋友圈”中开展全方位、多领域、深层次的交流和合作,以法治的确定性、执行性、引领性更好服务于以开放促改革、促发展、促创新。另一方面要进一步完善反制裁、反干涉、反“长臂管辖”法律法规,深化涉外执法司法国际合作等。这有利于全面提升依法维护开放安全能力,为我国经济高质量发展保驾护航。

Strengthen confidence in the rule of law and promote the progress of human legal civilization. Strengthening foreign-related legal construction cannot be separated from actively interpreting China's distinctive foreign-related legal concepts and propositions. China has a long history and rich culture. Distinctive traits of fine traditional Chinese culture, such as "the people are the foundation of the state," "fostering trust and good neighborliness," and "cherishing benevolence and good neighborliness," have demonstrated their contemporary value and been continuously enriched and improved in China's practice of participating in international exchanges and promoting international cooperation, injecting cultural strength into China's efforts to strengthen foreign-related legal construction. In strengthening foreign-related legal construction, China fully absorbs the rich legal thought and profound political wisdom contained in fine traditional Chinese legal culture, while also extensively drawing on and learning from the beneficial achievements of human legal civilization. It adheres to upholding fundamental principles and breaking new ground, embodies Chinese characteristics, and integrates important foreign-related legal theoretical achievements from both China and abroad, giving rise to a series of plans, mechanisms, and systems concerning new forms of human legal civilization and their realization paths. For example, the establishment of the International Organization for Mediation is an innovative move to build consensus among all parties through dialogue and consultation. The International Organization for Mediation practices the purposes and principles of the UN Charter, draws on typical examples such as China's facilitation of the reconciliation between Saudi Arabia and Iran in Beijing, effectively fills the institutional gap in the field of international mediation, and provides an important public good for improving global dispute resolution. To further strengthen foreign-related legal construction, we must strengthen confidence in the rule of law, intensify research on frontier topics in foreign-related legal theory and practice, construct a foreign-related legal theoretical system and discourse system with Chinese characteristics that integrates Chinese and foreign elements, continuously enhance China's capacity to participate in and shape global governance through legal means, boost the development of new forms of human civilization and the dissemination of the concept of a community with a shared future for mankind, and contribute to the progress of international rule of law.

坚定法治自信,推动人类法治文明进步。加强涉外法治建设,离不开积极阐释中国特色涉外法治理念、主张。我国有着悠久的历史和丰富的文化,中华优秀传统文化中的“民为邦本”“讲信修睦”“亲仁善邻”等鲜明特质,在我国参与国际交往、推动国际合作的实践中展现出时代价值并不断丰富完善,为我国加强涉外法治建设注入了文化力量。我国加强涉外法治建设,既充分吸收中华优秀传统法律文化蕴含的丰富法治思想和深邃政治智慧,又广泛吸纳借鉴人类法治文明的有益成果,坚持守正创新、体现中国特色、融通中外重要涉外法治理论成果,涌现出一系列关于人类法治文明新形态及其实现路径的方案、机制、体制。比如,国际调解院的成立就是以对话协商方式凝聚各方共识的创新之举。国际调解院践行联合国宪章宗旨和原则,吸收我国推动沙特和伊朗在北京达成和解等典型范例经验,有效填补国际调解领域的机制空白,为完善全球争端解决提供了重要公共产品。进一步加强涉外法治建设,要坚定法治自信,加强涉外法治理论和实践前沿课题研究,构建中国特色、融通中外的涉外法治理论体系和话语体系,不断提升我国以法治方式参与并塑造全球治理的能力,助推人类文明新形态发展和人类命运共同体理念传播,为国际法治进步作出贡献。

(The author is Dean of the Law School of Peking University)

(作者为北京大学法学院院长)

Online editor: Huihui

网络编辑:慧慧

Notes

  1. A classical Chinese saying from the Qing dynasty scholar Gu Yanwu’s *Record of Daily Knowledge* (《日知录》), emphasizing the strength of collective effort. ↩
  2. A four-character idiom meaning “to gather broad consensus.” ↩
  3. “民为邦本” (the people are the foundation of the state) is a classical Chinese political maxim from the *Book of Documents*; “讲信修睦” (upholding trust and fostering harmony) and “亲仁善邻” (befriending the benevolent and being a good neighbor) are from the *Zuozhuan* and *Analects* respectively, reflecting traditional Confucian ideals of governance and diplomacy.
  4. "The people are the foundation of the state" (民为邦本) is a classical Chinese political maxim from the *Book of Documents* (《尚书》), emphasizing the people as the root of the state.
  5. "Fostering trust and good neighborliness" (讲信修睦) is a phrase from the *Book of Rites* (《礼记》), advocating for trustworthiness and harmonious relations.
  6. "Cherishing benevolence and good neighborliness" (亲仁善邻) is a phrase from the *Zuo Commentary* (《左传》), promoting kindness and good relations with neighbors.
  7. The International Organization for Mediation (国际调解院) is a new intergovernmental organization established