涉外法治建設基本原則探析

The Basic Principles of the Building of Foreign-related Rule of Law

作為國內法治與國際法治的連接紐帶，涉外法治建設面臨諸多風險和挑戰。為確保涉外法治建設有章可循，需要堅持憲法至上、國家利益本位、風險防控和急用先行等基本原則。堅持憲法至上原則，應當理清憲法蘊含的涉外法治原則，關注涉外立法和締約程序的合憲性。堅持國家利益本位原則，應當澄清國家利益本位的內涵，明確國家利益的法律界定標準，並加強海外利益的法律保護。堅持風險防控原則，應當注重國際條約、對外交往和國內治理等領域的風險防控機制。堅持急用先行原則，應當彌補涉外法律不足，完善涉外法律體系。

As a link between domestic and international rule of law, the development of the foreign-related rule of law faces many risks and challenges. To ensure that there are rules and regulations to follow, it is necessary to adhere to the basic principles of the supremacy of the constitution, national interest orientation, risk prevention and control, and the priority of urgent issues. Adhering to the principle of the supremacy of the constitution, we should clarify the principles relating to the foreign-related rule of law contained in the Constitution, pay attention to the Constitutionality of foreign-related legislations and treaty-concluding procedures. Adhering to the principle of national interest orientation should clarify the meaning of national interest orientation, ascertain the legal standards of national interests, and strengthen the legal protection of overseas interests. Adhering to the principle of risk prevention and control, attention should be paid to risk prevention and control mechanisms in areas such as international treaties, foreign relations, and domestic governance. Adhering to the principle of the priority of urgent issues, we should bridge the gap of foreign-related laws and improve the foreign-related legal system.