論涉外法治的概念

涉外法治概念的提出與黨的十八大以來高水平對外開放、中美激烈競爭和構建人類命運共同體理念的提出密切相關。要理解這一概念，必須結合這些背景或語境回答三個前提性問題，即涉外法治中的“外”是指什麼、涉外法治是誰和誰之間的法治以及涉外法治適用什麼法律。法治的兩造和可適用的法律是區分涉外法治與國內法治、國際法治的基本標準，中國視角是涉外法治的重要特徵。相對於法律的制定，涉外法治概念更強調法律的運用。涉外法治教育應該具備講政治和注重能力培養兩個特質。涉外法治是以習近平同志為核心的黨中央帶領黨和國家機關各部門及法律服務機構統籌運用國內法和國際法在中外關係主要是中國與外國及外國人關係上厲行法治的系統工程，旨在實現中國式現代化、推動構建人類命運共同體。

The proposal of the concept of foreign-related rule of law is closely associated with three contextual backgrounds since the 18th National Congress of the Communist Party of China (CPC): the advancement of high-level opening-up, the fierce China-US competition, and the introduction of the concept of building a community with a shared future for mankind. To understand this concept, it is imperative to address three prerequisite questions on the basis of these contexts: namely, what does“foreign”refer to in foreign-related rule of law, between whom does foreign-related rule of law apply, and what laws are applicable in foreign-related rule of law. The parties to the rule of law and the applicable laws are the criteria for distinguishing foreign-related rule of law from domestic rule of law and international rule of law, while the Chinese perspective is the essential attribute of foreign-related rule of law. In contrast to the formulation of laws, the concept of foreign-related rule of law places greater emphasis on the application of laws. Foreign-related rule of law education should have two key characteristics, namely upholding political stances and emphasizing competency development. Foreign-related rule of law is a systematic project led by the Party Central Committee with Comrade Xi Jinping at its core, involving various government departments to comprehensively apply both domestic and international law in practicing the rule of law in China-foreign relations, mainly between China and foreign countries and foreigners. Its purpose is to realize Chinese-style modernization and promote the building of a community with a shared future for mankind.