準確把握“涉外法治”概念內涵統籌推進國內法治和涉外法治

Accurately Grasping the Concept of Foreign-Related Rule of Law to Promote the Domestic Rule of Law and Foreign-Related Rule of Law in a Coordinated Manner

“涉外法治”概念的提出，是中國特色社會主義法治理論和實踐的一項重要創新發展，凸顯了涉外法治建設在全面依法治國方略中的重要作用，同時也為法治理論研究提出了新的課題。準確理解“涉外法治”概念要推本溯源，釐清“國內法治”與“涉外法治”、“涉外法治”與“國際法治”的相互關係。統籌國內國際兩個大局、全面推進依法治國是“涉外法治”的時代邏輯。從“社會主義法制”到“社會主義法治”的認識飛躍是其理論基礎。國家治理與國際治理、國家法治與國際法治，雖屬兩個不同的治理範疇和法治體系，但相互關聯、相互影響、相互交融。作為國家法治中的涉外一翼，涉外法治在國家法治和國際法治這兩個獨立的法律體系之間發揮著橋樑和紐帶的作用。要堅持統籌推進國內法治和涉外法治，加快涉外法治工作布局，更好維護國家主權、安全、發展利益，構建人類命運共同體。

The concept of“foreign-related rule of law”or“rule of law concerning foreign affairs”is an important innovative development in the theory and practice of socialist rule of law with Chinese characteristics, and highlights the important role of strengthening foreign-related rule of law in the overall strategy of governing the country by law. It also puts forward a new subject for the research of the rule of law. To correctly understand the concept of“foreign-related rule of law”, we should trace back to its source, and clarify the relationship between“domestic rule of law”and“foreign-related rule of law”, and further its relationship with“international rule of law”. The time logic of“foreign-related rule of law”is to make overall plans for the“two overall situations”at home and abroad and to promote the rule of law in an all-round way. The cognitive leap from“socialist legal system”to“socialist rule of law”lays down the theoretical foundation. It is clear that national governance and international governance, national rule of law and international rule of law belong to two independent and different categories in terms of governance and legal systems, but they are interrelated, influencing each other and blending each other. As a foreign-related part of the national rule of law, foreign-related rule of law plays a role of bridge and link between national rule of law and international rule of law. It is necessary to advance both the domestic rule of law and the foreign-related rule of law in a coordinated manner, to accelerate the layout of rule of law concerning foreign affairs, so as to better safeguard China’s core national interests of sovereignty, security and development, and promote the building of a community with a shared future for mankind.