加強涉外法治體系建設的頂層擘畫——論學習貫徹習近平總書記重要講話精神

The Top-level Design for Strengthening the Building of the Foreign-related Rule of Law System: Studying and Implementing the Essence of General Secretary Xi Jinping’s Important Speech

習近平總書記在中央政治局第十次集體學習時就加強涉外法治建設所作系列重要論述，是馬克思主義法治理論中國化的最新成果。“長遠所需”和“當務之急”，凸顯了新形勢下加強涉外法治建設的重要性和緊迫性。中國涉外法治建設成就巨大、來之不易，但仍存在不少短板弱項，亟待彌補。我國海外利益全方位多層次高速度拓展，外部法律風險與挑戰前所未有，干涉與反干涉、制裁與反制裁外交鬥爭激烈，客觀上要求強化法治思維，善用法治方式，“以法鬥法”“以法制法”，豐富外交鬥爭法律“工具箱”，一體推進涉外立法、執法、司法、守法和法律服務，形成涉外法治工作大協同格局。必須堅持統籌推進國內法治和涉外法治，不斷完善涉外法治體系和能力建設，為中國式現代化行穩致遠營造有利法治條件和外部環境。

President Xi’s important speech on strengthening the foreign-related rule of law at the 10th Politburo group study session, held on November 27, 2023, is the latest achievement in the sinicization of Marxist theory of the rule of law in China, with great guiding significance. The expression of “the long-term needs”and“the pressing demand of the day”in his speech highlights the importance and urgency of strengthening the construction of legal system and capacity building in the foreign related areas under the new situation. The rule of law concerning foreign affairs in China has made great progress, however, it still has a long way to go. It is the rapid expansion of national interests abroad, unprecedented external legal risks and challenges, and the intense diplomatic struggle against foreign interference and unilateral sanctions that objectively require the strengthening of the legal thinking and the effective use of legal tools in its efforts to safeguard the national legitimate rights and interests. To this end, it is necessary to promote foreign-related legislation, law enforcement, administration of justice, observance of the law and legal services in an integrated way, to form a pattern of great synergy in foreign-related rule of law work. It is further required to advance both the domestic rule of law and the foreign-related rule of law in a coordinated manner, and to constantly improve its legal systems and capacity building, with a view to creating favorable conditions and an external environment for the steady progress of Chinese-style modernization.