Economic Daily | New Institutional Achievements In My Country’s Foreign-related Legal Construction
Economic Daily | New Institutional Achievements In My Country’s Foreign-related Legal Construction
The Rule of Law Publicity and Education Law stipulates that the state strengthens foreign-related legal publicity and education, improves the ability to spread the rule of law culture internationally, and actively interprets the concepts, propositions and successful practices of foreign-related rule of law with Chinese characteristics. It has great practical significance and far-reaching historical significance.
The 17th Session of the Standing Committee of the 14th National People's Congress reviewed and approved the "Law of the People's Republic of China on Publicity and Education on the Rule of Law" (hereinafter referred to as the "Law on Publicity and Education on the Rule of Law"). The Rule of Law Publicity and Education Law stipulates that the state should strengthen the publicity and education of foreign-related rule of law, enhance the international communication ability of rule of law culture, and actively interpret the concepts, propositions and successful practices of foreign-related rule of law with Chinese characteristics. It has great practical significance and far-reaching historical significance, and is an important step in the construction of foreign-related rule of law in my country.
1. Strengthening publicity and education on the rule of law involving foreign countries is an important measure for learning and implementing Xi Jinping’s thought on the rule of law.
General Secretary Xi Jinping pointed out that the rule of law goes hand in hand with opening up. As opening up to the outside world moves forward, the construction of foreign-related rule of law must follow suit. This profoundly clarifies the important position of foreign-related legal construction in opening up to the outside world, and foreign-related legal publicity and education is a key part of it. General Secretary Xi Jinping attaches great importance to publicity and education on foreign-related rule of law, emphasizing the need to strengthen confidence in the rule of law, actively interpret the concepts, propositions and successful practices of foreign-related rule of law with Chinese characteristics, and tell the story of China’s rule of law in the new era. The Third Plenary Session of the 20th Central Committee of the Communist Party of China also clearly proposed to strengthen the construction of foreign-related rule of law and establish a working mechanism to promote foreign-related legislation, law enforcement, justice, law-abiding and legal services, and the cultivation of legal talents. As an important part of the law-abiding process, publicity and education on foreign-related legal rule plays a fundamental role in promoting the construction of foreign-related legal rule. The Rule of Law Publicity and Education Law brings foreign-related legal publicity and education into the scope of law for the first time. It is a concrete implementation of the requirements for foreign-related legal publicity and education in Xi Jinping’s Thought on the Rule of Law. It provides strong support for the construction of a complete foreign-related legal system and ensures that all aspects of foreign-related legal construction can be promoted in an orderly manner on the track of the rule of law. Over the past 40 years since the nationwide legal popularization work was carried out, the content and objects of legal publicity and education have been continuously enriched and improved with the development of reform, opening up, and socialist modernization. In recent years, foreign-related legal publicity and education work has become a new highlight in the national legal popularization work in line with the country's "going out" and jointly building the "Belt and Road" initiative strategies. The promulgation of the Rule of Law Publicity and Education Law promptly affirms the successful experience gained in the exploration and practice of foreign-related law popularization work, and writes foreign-related legal publicity and education into the law as an important part of the rule of law publicity and education work, providing a clear legal basis and specific work requirements for foreign-related law popularization work.
2. Strengthening foreign-related publicity and education on the rule of law is an inevitable requirement for promoting the effective dissemination of Xi Jinping’s thought on the rule of law in the international community.
This year marks the fifth anniversary of the formal promulgation of Xi Jinping’s Thought on the Rule of Law. Xi Jinping’s Thought on the Rule of Law is a shining example of adhering to the “two combinations” in the field of rule of law. It is a great achievement of adapting Marxist rule of law theory to China and the times. It has contributed Chinese experience and Chinese wisdom to solving global rule of law problems and promoting the progress and development of human rule of law civilization. Doing a good job in the international dissemination of Xi Jinping’s thoughts on the rule of law is not only about telling the story of China’s rule of law in the new era and enhancing the international influence of socialist rule of law theory with Chinese characteristics, but also an important measure to promote exchanges and mutual learning among human civilizations on the rule of law and to promote the construction of a community with a shared future for mankind. By promoting my country's foreign-related legal concepts and practices to the international community, the world can better understand the achievements of China's rule of law and enhance its recognition and trust in China's rule of law. For example, my country actively fulfills its international obligations in foreign-related legislation, firmly safeguards the international system with the United Nations at its core and the international order based on international law, actively participates in the formulation of international rules, promotes the legalization of international relations, uses China's experience in foreign-related legislation to influence and lead the reform and development of international rules, and contributes Chinese wisdom, Chinese solutions, and Chinese strength to the transformation of the global governance system. These successful practices can be explained and disseminated to the international community through foreign-related legal publicity and education. At the same time, strengthening the publicity and education on foreign-related rule of law will help demonstrate my country’s image as a great country governed by the rule of law and a civilized country, and demonstrate my country’s positive actions and responsibilities in the field of foreign-related rule of law. For example, our country has carried out activities such as the "Ulan Mu Riding the Border on the Rule of Law" to deliver legal knowledge to the people in border areas and entry-exit personnel. This reflects our country's emphasis on publicity and education on the rule of law and its care for the people. It also demonstrates to the international community our image as a civilized, harmonious, and rule-of-law country.
3. Strengthening publicity and education on the rule of law involving foreign affairs is an urgent need to safeguard my country’s national security and overseas interests in accordance with the law.
With the rapid development of my country's economy and the continuous deepening of opening up to the outside world, the interests of Chinese enterprises and personnel overseas continue to expand, and the legal risks they face are also increasing. Strengthening publicity and education on the rule of law involving foreign affairs can guide Chinese enterprises and outbound personnel to abide by Chinese and local laws, regulations and customs, safeguard national security and their own legitimate rights and interests in accordance with the law, and prevent and respond to legal risks. This is an important and basic work to protect my country's overseas interests in accordance with the law. The Law on Publicity and Education of the Rule of Law clearly stipulates that the state shall strengthen the publicity and education of the rule of law for enterprises conducting overseas investment cooperation and foreign aid, as well as personnel traveling abroad, provide foreign-related legal services, guide them to comply with domestic and local laws, and prevent and respond to legal risks. The above-mentioned regulations are to provide effective legal protection for enterprises that carry out overseas investment cooperation and foreign aid, as well as outbound personnel to safeguard their legitimate rights and interests. Judging from the connotation of the regulations, its core is to build an "all-round, multi-level" foreign-related legal protection system. On the one hand, the key targets of legal publicity and education are clarified, covering enterprises that engage in overseas investment cooperation and foreign aid, as well as overseas personnel, and accurately focus on the groups most vulnerable to legal risks in foreign-related activities. When operating, working or living across borders, these subjects often get into trouble due to unfamiliarity with domestic and foreign legal differences and local customs and habits, and become the focus of legal publicity and education. On the other hand, the content scope is clearly defined, which not only requires relevant entities to be guided to abide by domestic and local laws, but also focuses on preventing and responding to legal risks, forming a logical chain of "complying with the law and preventing risks". In addition, the expression "providing foreign-related legal services" combines legal publicity and education with legal services, preventing education from becoming a mere formality and allowing the rule of law to be truly implemented. In terms of practical significance, this regulation provides "reassurance" for the steady development of foreign-related entities. For overseas investment cooperation and foreign aid companies, legal publicity and education can help them avoid legal risks and improve their compliance management capabilities. Currently, some countries and regions have complex legal systems and rising trade protectionism. If companies are not familiar with local laws, they may face risks such as fines, project stagnation, or even asset confiscation. Through systematic legal publicity and education, companies can understand the tax policies, labor regulations, etc. of the investing country in advance, formulate compliance business plans, and reduce economic losses. For people leaving the country, this provision is a "talisman" to protect their personal and property safety. People who travel, study abroad, or work abroad are in an unfamiliar environment and have limited understanding of the local legal system, and are prone to fall into legal disputes. Legal publicity and education can help them understand local public security management laws, traffic rules, etc., and improve their legal awareness and self-protection capabilities. At the same time, when the legitimate rights and interests of outbound personnel are infringed, they can also seek timely help and safeguard their own rights and interests through the foreign-related legal service channels they know.
The Rule of Law Publicity and Education Law's provisions on foreign-related legal publicity and education are an important measure for my country to adapt to the development requirements of the new era and strengthen the construction of foreign-related rule of law. It is of irreplaceable importance for spreading Xi Jinping's thoughts on the rule of law, protecting my country's overseas interests, and demonstrating my country's image as a great power.
(The author is Mo Jihong, a researcher at the Institute of Law, Chinese Academy of Social Sciences)