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Legislation on external affairs to be strengthened

 



Take a critical step in advancing global law-based governance, says professor

High-quality laws and upholding China’s openness policy must be top priorities as officials seek to improve foreign affairs legislation, legal professionals said.

Their remarks came after the Standing Committee of the National People’s Congress, the country’s highest legislature, clarified in its annual work report released in March that it would improve China’s legal toolkit to address challenges. challenges and guard against risks in its efforts to oppose foreign sanctions, interference and long-arm jurisdiction.

Ma Yide, professor of law at the Academy of Sciences of the University of China, said speeding up legislation is essential in the development of the country’s legal system regarding foreign affairs, especially in the face of international situations. complex, and is also a crucial step forward. global governance based on the right raised by central management.

In November, President Xi Jinping underscored the adoption of a coordinated approach to promote the rule of law at the national level and in matters involving foreign parties, and called for efforts to better protect national sovereignty, security and development interests.

Ma said, “Ensuring legislative quality through sufficient research and in-depth studies is important, as it is closely related to national sovereignty and security and other interests.”

As an AFN MP, Ma proposed to formulate a foreign state immunity law last year following a lawsuit filed in countries like the United States against China for control and prevention of COVID-19.

Along with the deepening of international trade and the acceleration of globalization, there are an increasing number of lawsuits against other countries and their governments, “but our nation has no specific law in this sector”, did he declare.

“This makes it difficult for Chinese parties to sue other countries in Chinese courts to claim rights and interests, and there is no law to follow when our courts are dealing with sovereign immunity cases.” , did he declare.

“I made the proposal because the problem became particularly acute during the pandemic,” he added. “This will facilitate equal protection of the rights and legitimate interests of Chinese and foreign investors.”

Ma said he was invited by the Foreign Ministry and the Legislative Affairs Committee of the AFN Standing Committee to participate in research efforts and seminars to advance his proposal.

Huang Jin, a law professor at the Chinese University of Political Science and Law, also praised the promotion of a legal toolkit against sanctions and interference, stressing that the policy of openness and peaceful development must be highlighted in such legislation.

Huang suggested that the legislator respect and respect the international laws, rules and treaties that China has entered into while making laws in this regard, stressing that the legislative priority is to build a community of a shared future for humanity.

Regarding the drafting of specific laws relating to external affairs, he said it was more urgent for the country to make a law on external relations.

“Our ultimate goal is to solve the problems and issues involving external content through the rule of law, so we need to clarify which basic principles we need to adhere to at the start in a law as a framework,” Huang added.

China has made greater efforts to establish a legal system involving foreign affairs in recent years. For example, he added foreign-related articles or content to several laws, including those relating to national security and against monopolies, according to Huang.

It has also strengthened legislation to resolve conflicts and contradictions in economic and business sectors in recent years, he said, citing as an example the foreign investment law passed by the NPC in 2019.

Ma and Huang both called for more universities and colleges to establish international law schools to study legal issues related to world affairs in depth and develop more judicial talent.




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