习近平在中共中央政治局第十次集体学习时强调 加强涉外法制建设 营造有利法治条件和外部环境
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Xi Jinping Emphasized Strengthening the Development of the Legal System Related to Foreign Affairs and Creating Favorable External Environment and Rule of Law Conditions during the Tenth Collective Study Session of the CCP Central Committee Politburo

习近平在中共中央政治局第十次集体学习时强调 加强涉外法制建设 营造有利法治条件和外部环境

The CCP Politburo holds “collective study sessions” on a semi-regular basis, in which an outside academic or government expert leads a discussion on a selected topic. Such sessions are important signals as to what issues the senior leadership finds important. The tenth collective study session of the 20th Central Committee Politburo was held on November 27, 2023 and was presided over by Xi Jinping. At this session, Xi delivered a speech emphasizing the need to train more lawyers and Party cadres in the legal systems of other countries, improve legal services for Chinese citizens and businesses abroad and foreign businesses in China, and better leverage overseas courts and laws to protect China’s interests.


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On the afternoon of November 27, the Politburo of the CCP Central Committee held its tenth collective study session on strengthening the development of the foreign affairs-related legal system (涉外法制). While presiding over the study session, Xi Jinping, General Secretary of the CCP Central Committee, emphasized that strengthening the rule of law in foreign affairs is not only a long-term need for comprehensively promoting the construction of a strong nation and advancing national rejuvenation through a Chinese path to modernization, but also an urgent task to promote high-level opening up to the outside world and addressing external risks and challenges. It is essential to understand the importance and urgency of the job for better coordinating domestic and international situations and ensuring both the country’s development and security. It is important to develop a foreign affairs-related rule of law system and capabilities that can meet the needs of high-quality development and high-level opening up, and create favorable rule of law and external conditions for China’s long-term and stable development along the Chinese path to modernization.

中共中央政治局11月27日下午就加强涉外法制建设进行第十次集体学习。中共中央总书记习近平在主持学习时强调,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。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。

Comrade Huang Huikang, a Distinguished Professor at Wuhan University, explained this issue and put forward working suggestions. Comrades from the CCP Politburo listened attentively to the explanation and conducted a discussion.

武汉大学特聘教授黄惠康同志就这个问题进行讲解,提出工作建议。中央政治局的同志认真听取了讲解,并进行了讨论。

Xi delivered an important speech after listening to the explanation and discussion. He pointed out that the law is a set of rules to regulate social life and national governance. The foreign affairs-related legal system is an important part of the national legal system and the foundation of foreign affairs-related rule of law. It plays an important role in consolidating the foundation, stabilizing expectations, and benefiting long term development. On the new journey of building a strong country and rejuvenating the nation, we must follow the correct political direction and accelerate the development of China’s foreign affairs-related rule of law system and capabilities with a more active historical responsibility and creative spirit.

习近平在听取讲解和讨论后发表了重要讲话。他指出,法律是社会生活、国家治理的准绳。涉外法律制度是国家法制的重要组成部分,是涉外法治的基础,发挥着固根本、稳预期、利长远的重要作用。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。

Xi Jinping emphasized that the foreign affairs-related rule of law, as an important part of the socialist rule of law systems with Chinese characteristics, bears on law-based governance of the country and on the overall situation of China’s opening to the outside world and diplomatic work. The fundamental purpose of promoting foreign affairs-related rule of law is to better safeguard the interests of the country and the people, promote the progress of international rule of law, and promote the development of a community with a shared future for humanity. We must unswervingly follow the path of socialist rule of law with Chinese characteristics.

习近平强调,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。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。必须坚定不移走中国特色社会主义法治道路。

Xi Jinping pointed out that foreign affairs-related rule of law work is comprehensive and highly interconnected system that needs to take into consideration both domestic and international situations, as well as development and security. It requires forward-looking thinking, overall planning, strategic layout, and holistic advancement, strengthening top-level design, and promoting foreign affairs-related legislation, law enforcement, judicial proceedings, compliance with the law, and legal services in an integrated manner, thus establishing synergies between lines of effort. We must adhere to legislation first followed by simultaneous establishment, amendment, repeal, and interpretation and form a systematic and complete system of foreign affairs-related laws and regulations. We must build a coordinated and efficient implementation system, improve the efficiency of foreign affairs-related law enforcement and judicial proceedings, promote the reform of foreign affairs-related judicial trial systems and mechanisms, and improve the credibility of foreign affairs-related judicial proceedings. We must actively develop foreign affairs-related legal services and cultivate a number of world-class arbitration institutions and law firms. We must deepen international cooperation in law enforcement and judicial proceedings, strengthen consular protection and assistance, and build a strong rule of law security chain to protect China’s overseas interests. We must strengthen compliance awareness, guide our citizens and enterprises to consciously abide by local laws, regulations, and customs in the process of “Going Global,” and use the rule of law and rules to safeguard their legitimate rights and interests.

习近平指出,涉外法治工作是一项涉及面广、联动性强的系统工程,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,加强顶层设计,一体推进涉外立法、执法、司法、守法和法律服务,形成涉外法治工作大协同格局。要坚持立法先行、立改废释并举,形成系统完备的涉外法律法规体系。要建设协同高效的涉外法治实施体系,提升涉外执法司法效能,推进涉外司法审判体制机制改革,提高涉外司法公信力。要积极发展涉外法律服务,培育一批国际一流的仲裁机构、律师事务所。要深化执法司法国际合作,加强领事保护与协助,建强保护我国海外利益的法治安全链。要强化合规意识,引导我国公民、企业在“走出去”过程中自觉遵守当地法律法规和风俗习惯,运用法治和规则维护自身合法权益。

Xi Jinping emphasized the need to firmly safeguard the international order based on international law, actively participate in the formulation of international rules, and promote the rule of law in international relations. We must actively participate in the reform and construction of the global governance system, promote the development of global governance in a more fair and reasonable direction, promote good global governance based on good international laws, and help build a community with a shared future for mankind.

习近平强调,要坚定维护以国际法为基础的国际秩序,主动参与国际规则制定,推进国际关系法治化。积极参与全球治理体系改革和建设,推动全球治理朝着更加公正合理的方向发展,以国际良法促进全球善治,助力构建人类命运共同体。

Xi Jinping pointed out that the rule of law goes hand in hand with opening up. Each advance in opening up to the outside world must be followed by an advance in the construction of foreign affairs-related rule of law. We must persist in promoting high-level opening up to the outside world on the basis of the rule of law, promote the construction of foreign affairs-related rule of law while expanding opening-up, and continuously consolidate the rule of law foundation for high-level opening up. The rule of law is the best business environment. We must improve the open and transparent foreign affairs-related legal system, strengthen the protection of intellectual property rights, safeguard the legitimate rights and interests of foreign-invested enterprises, make good use of both domestic and international rules, and create an international world-class business environment that is marketized and governed by rule of law. We must proactively align with and actively absorb high-standard international economic and trade rules, steadily expand institutional opening up, improve the level of trade and investment liberalization and facilitation, and build a new higher-level open economic system. We must set the advanced international level as our benchmark, promptly upgrade to the level of laws the effective measures and mature experience of high-level opening-up such as free trade pilot zones, and create a new strategic high ground for opening-up with a greater degree  of opening-up, a better business environment, and a stronger radiating effect. We must comprehensively improve the ability to maintain openness and security based on law. We must improve service measures and relevant laws and regulations to facilitate the lives of foreigners living in China.

习近平指出,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。要坚持在法治基础上推进高水平对外开放,在扩大开放中推进涉外法治建设,不断夯实高水平开放的法治根基。法治是最好的营商环境,要完善公开透明的涉外法律体系,加强知识产权保护,维护外资企业合法权益,用好国内国际两类规则,营造市场化、法治化、国际化一流营商环境。要主动对接、积极吸纳高标准国际经贸规则,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。要对标国际先进水平,把自由贸易试验区等高水平对外开放的有效举措和成熟经验及时上升为法律,打造开放层次更高、营商环境更优、辐射作用更强的对外开放新高地。要全面提升依法维护开放安全能力。完善外国人在华生活便利服务措施和相关法律法规。

Xi Jinping emphasized the need to strengthen professional talent training and team building. We must adhere to developing people with moral integrity who cultivate both morality and law, strengthen discipline construction, do a good job in conducting legal education, improve practice-oriented training mechanisms, and cultivate a group of foreign affairs-related rule of law talents with firm political stances, excellent professional qualities, who are familiar with international rules and proficient in foreign affairs-related legal practices at an early date. We must improve talent introduction, selection, use, and management mechanisms and do a good job in preparing high-end foreign affairs-related rule of law talent training reserves. We must strengthen the construction of the rule of law capacity of foreign affairs-related cadres and create high-quality and professionalized foreign affairs-related rule of law work teams. Leading cadres at all levels must take the lead in respecting, studying, abiding by, and applying the law and effectively improve their thinking on foreign affairs-related rule of law and their ability to handle matters in accordance with the law.

习近平强调,要加强专业人才培养和队伍建设。坚持立德树人、德法兼修,加强学科建设,办好法学教育,完善以实践为导向的培养机制,早日培养出一批政治立场坚定、专业素质过硬、通晓国际规则、精通涉外法律实务的涉外法治人才。健全人才引进、选拔、使用、管理机制,做好高端涉外法治人才培养储备。加强涉外干部队伍法治能力建设,打造高素质专业化涉外法治工作队伍。各级领导干部要带头尊法、学法、守法、用法,切实提升涉外法治思维和依法办事能力。

Xi Jinping pointed out that we must strengthen our confidence in the rule of law, actively interpret the concepts, propositions, and successful practices of foreign affairs-related rule of law with Chinese characteristics, and do a good job in telling the story of China’s rule of law in the new era. We must strengthen research on cutting-edge topics in the theory and practice of foreign affairs-related rule of law, build a theoretical system and discourse system for foreign affairs-related rule of law with Chinese characteristics and integrating China and foreign countries, and highlight China’s image as a major country governed by the rule of law and a civilized major country. The Chinese legal system has a long history, and China’s excellent traditional legal culture contains rich legal thinking and profound political wisdom. It is a treasure of Chinese culture. We must actively promote the creative transformation and innovative development of China’s excellent traditional legal culture, give China’s rule of law civilization significance for a new era, and stimulate its energetic vitality.

习近平指出,要坚定法治自信,积极阐释中国特色涉外法治理念、主张和成功实践,讲好新时代中国法治故事。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,彰显我国法治大国、文明大国形象。中华法系源远流长,中华优秀传统法律文化蕴含丰富法治思想和深邃政治智慧,是中华文化的瑰宝。要积极推动中华优秀传统法律文化创造性转化、创新性发展,赋予中华法治文明新的时代内涵,激发起蓬勃生机。

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中共中央政治局 (Political Bureau of the CCP Central Committee). "Xi Jinping Emphasized Strengthening the Development of the Legal System Related to Foreign Affairs and Creating Favorable External Environment and Rule of Law Conditions during the Tenth Collective Study Session of the CCP Central Committee Politburo [习近平在中共中央政治局第十次集体学习时强调 加强涉外法制建设 营造有利法治条件和外部环境]". CSIS Interpret: China, original work published in Xinhua News Agency [新华社], November 28, 2023

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