因推动构建“人类命运共同体”和共建“一带一路”之需要,中国在2018年明显加强了国内法治与国际法治的互动。突出表现在“人类命运共同体”入宪、国家安全立法走向规范化、国际刑事司法协助法的体系化、涉外司法管辖权的明确化、国际商事法庭的制度创新、仲裁司法审查制度的完善和海关法律制度的现代化等方面。总体来看,我国国内立法受国际条约的影响要大于国内制度对国际法治的贡献。我国应尽快建立系统的中国法域外适用制度,为我国参与全球法律竞争,推动我国法律“走出去”打下基础。
For better spreading the concept of “A Community of Shared Future for Mankind” and fostering the jointly-building “the Belt and Road Initiative”,China emphasized the interaction between the rule of law at national and international level. For example,the concept of “A Community of Shared Future for Mankind” has been written into the Constitution. The national security legislation has been standardized. China systematized the international criminal judicial assistance and settled the jurisdiction matters of foreign civil and commercial case. China is also involved in developing rules of the international commercial court and improving the national judicial review of arbitration awards at the same time. However,domestic legislation in China receives more influence from international treaties and contributes less to the rule of law at the international level. Therefore,China shall consolidate extraterritorial application of Chinese laws in order to compete in global legal orders and lay a foundation for promoting Chinese laws to the world in the future.
Keywords: | A Community with A Shared Future for MankindInternational Rule of LawInternational Commercial CourtJurisdiction of Foreign Civil and Commercial CaseJudicial Review of Arbitration Award |