Tongfang Academy Micro-Party Class, Issue 249: Accelerate the Development of the Rule-of-Law System and Capacity Building for Foreign-Related Affairs

Party Class Study

2024-04-02

Tongfang Academy

Micro Party Class · Issue 249


Accelerate the advancement of the foreign-related legal system.

And capacity building

Study history to understand principles, study history to build confidence, study history to uphold moral integrity, and study history to put knowledge into practice—standing... At the historical juncture of the “Two Centennials,” we look back on our journey of struggle and gaze ahead toward the path of future advancement.

Tongfang Law Firm provides a learning platform for all its lawyers in the form of micro-party classes, aiming to enhance their ideological and political awareness as well as their spirit of learning and inquiry. By establishing a long-term educational mechanism, the firm has created a new platform for self-education and self-improvement.

This issue's speaker

 At present, the international landscape is undergoing profound and complex changes, with risks and challenges emerging one after another, making the world increasingly unstable and uncertain. Domestically, the tasks of reform, development, and stability are daunting and heavy, and the issue of unbalanced and inadequate development remains prominent. To advance and expand Chinese-style modernization, it is more crucial than ever to accelerate the building of a foreign-related rule-of-law system and capacity-building, leveraging the power of the rule of law to coordinate and promote both domestic and global governance. By adopting rule-of-law approaches, we can better safeguard the interests of the nation and its people, foster progress in international rule of law, and advance the building of a community with a shared future for mankind. Since the advent of the new era, China’s construction of a foreign-related rule-of-law framework has been rapidly advancing. However, compared with the urgent need to promote high-level opening-up and respond effectively to external risks and challenges, and compared with the long-term requirements of fully advancing the great cause of national rejuvenation and building a strong country through Chinese-style modernization, there still remain certain inadequacies. During the 10th collective study session of the 20th Central Political Bureau, General Secretary Xi Jinping emphasized: “We must deeply recognize the importance and urgency of doing well in foreign-related rule-of-law work from the perspective of better coordinating the domestic and international contexts and better balancing development and security. We should build a foreign-related rule-of-law system and capacity that are commensurate with the demands of high-quality development and high-level opening-up, thus creating favorable legal conditions and an external environment for the steady and sustained advancement of Chinese-style modernization.” We must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping’s thought on the rule of law, closely follow the demands of the times and the aspirations of the people, abide by the laws governing the rule of law, uphold a systematic approach, and take the building of a foreign-related rule-of-law system and capacity as the focal point for advancing foreign-related rule-of-law work, continuously raising the level of rule-of-law in our foreign-related endeavors.


Guided by the goal of safeguarding national sovereignty, security, and development interests.

  General Secretary Xi Jinping pointed out: “We must accelerate the strategic planning of rule-of-law work involving foreign affairs, coordinate and promote both domestic governance and international governance, and better safeguard our country’s sovereignty, security, and development interests.” Looking back at the historical development of the rule of law civilization, it is not difficult to see that the rule of law in foreign-related matters is closely linked to international politics. In the practice of international engagement and the development of foreign-related rule of law, every country puts the protection of its own national interests first. To strengthen the building of a rule-of-law system for foreign affairs, we must adhere to the principles governing the rule of law, reflect our country’s understanding and requirements regarding the international order and legal norms, and ensure that the commitment to firmly safeguarding our country’s sovereignty, security, and development interests is integrated into every aspect and stage of the construction of the foreign-related rule-of-law system and capacity-building.

  Guided by the goal of safeguarding national sovereignty, security, and development interests, first, the construction of a foreign-related rule-of-law system and capacity-building must be aligned with the need to uphold sovereign independence and sovereign equality, adhering strictly to the principle of sovereignty under international law. This means both defending our own sovereignty and opposing external interference, firmly keeping China’s development and progress in our own hands, while also upholding the unity of rights and obligations—respecting the sovereignty of other countries in foreign-related legal affairs and refraining from interfering in their internal affairs. Upholding the principles of extensive consultation, joint contribution, and shared benefits, we will promote the realization of equal rights, equal opportunities, and equal rules among all nations. Second, the construction of a foreign-related rule-of-law system and capacity-building must fully implement the Overall National Security Concept, insisting on the coordinated approach to external and internal security, territorial security and citizen security, traditional security and non-traditional security, as well as our own security and common security. We must comprehensively enhance our ability to safeguard open security according to law and strengthen the rule-of-law guarantees for national security. Finally, safeguarding development interests requires that the construction of a foreign-related rule-of-law system and capacity-building fully, accurately, and comprehensively implement the new development philosophy, promoting a virtuous interaction between high-quality development and high-level security. We must take effective legal countermeasures against those countries that attempt to deprive China of its right to development, and resolutely defend our own right to development.

  In the new era, China has entered a new stage of development, and its high-level opening-up continues to advance. As a result, China’s market is becoming increasingly closely and extensively integrated with global markets. At the same time, as Chinese enterprises increasingly venture overseas for investment, China now owns an ever-growing number of assets abroad, with its overseas interests spanning the globe and playing an increasingly important role in safeguarding national interests. Consequently, the risks and challenges facing China’s sovereignty, security, and development interests are mounting and growing in magnitude. For instance, some countries, in violation of international law and basic norms governing international relations, are using various pretexts to contain and suppress China, imposing discriminatory restrictions on Chinese citizens and organizations, and undermining the security and stability of global industrial, supply, and value chains. Practice has shown that, in addition to making good use of political and diplomatic means, protecting China’s overseas interests also requires strengthening the rule-of-law framework according to actual needs. Currently, compared with the significant achievements made in domestic rule-of-law development, there remain certain relatively weak links in the construction of the rule of law related to foreign affairs: some foreign-related laws and regulations are rather general and vague, lacking clear operational guidance; the foreign-related legal system is still incomplete; mechanisms for coordinating foreign law enforcement operate inefficiently and fail to deliver optimal results; the international credibility of China’s foreign judicial system remains disproportionate to our country’s overall national strength and international standing; and there is a shortage of well-prepared, high-level professionals trained in foreign-related rule of law. From the practical standpoint, China’s current efforts to build a rule-of-law framework for foreign affairs still fall short of fully meeting the needs of safeguarding our national sovereignty, security, and development interests. On the new journey toward building a strong nation and achieving national rejuvenation, we must adhere to the correct political direction, demonstrate greater historical responsibility and creativity, and accelerate the advancement of the foreign-related rule-of-law system and capacity-building.


Adhere to a systematic approach and achieve holistic advancement.

  In the report to the 20th National Congress of the Party, General Secretary Xi Jinping emphasized: “We must adhere to a systematic approach.” “Only by observing things from the perspective of universal connections, comprehensive systems, and dynamic change can we grasp the underlying laws governing their development.” The work of rule of law in foreign-related affairs is a systematic undertaking that covers a wide range of areas and involves strong interlinkages. To accelerate the building of a foreign-related rule-of-law system and capacity, we must uphold a systematic approach, coordinate domestic and international efforts, balance development and security, adopt forward-looking thinking, engage in holistic planning, pursue strategic layouts, and promote overall advancement. We should strengthen top-level design, integrate and advance foreign-related legislation, law enforcement, judicial processes, compliance with the law, and legal services, thus creating a broad collaborative framework for foreign-related rule-of-law work.

  We must strike a balance between addressing urgent needs and engaging in long-term strategic planning, and accelerate the establishment of a comprehensive and well-rounded legal and regulatory framework for foreign-related affairs. Since the advent of the new era, the National People's Congress and its Standing Committee have thoroughly studied and implemented Xi Jinping’s Thought on the Rule of Law, placing great emphasis on strengthening legislation related to foreign affairs and achieving fruitful results. The existing body of foreign-related legislation covers multiple legal fields—including civil and commercial law, economic law, administrative law, and procedural law—and touches upon various aspects such as diplomacy, economic and trade relations, and judicial matters, forming the backbone of China’s legal and regulatory framework for foreign-related affairs. Among these laws are both “large-scale” foundational statutes—such as the Law on Foreign Relations and the Foreign Investment Law—as well as “narrow-scope” laws—such as the Law on Counteracting Foreign Sanctions. Looking ahead, we must further enhance the systematic nature and coordination of foreign-related legislation. We must not only adhere to the principle of addressing urgent needs first but also adopt a long-term perspective, striking a balance between the emergency response capacity and systemic coherence of legislation, thereby improving the precision and effectiveness of legislative efforts and providing robust legal grounds for foreign-related law enforcement and judicial practices.

  We must coordinate international law enforcement cooperation with domestic law enforcement synergy, strengthen interagency coordination, and enhance the effectiveness of foreign-related law enforcement. The vitality of the law lies in its implementation, and the authority of the law also rests on its effective enforcement. Enhancing the effectiveness of foreign-related law enforcement and ensuring the effective implementation of foreign-related legislation are crucial components for strengthening the rule-of-law system and capacity-building in foreign-related affairs. This cannot be achieved without high-level international law enforcement cooperation and highly efficient domestic law enforcement synergy. China has already signed treaties and agreements on law enforcement cooperation with several countries in various fields. Looking ahead, we must continue to regard expanding international law enforcement cooperation as an important agenda item in building bilateral and multilateral relations—both broadening and deepening existing international law enforcement cooperation and improving cooperative mechanisms, and also making fresh efforts in new areas by actively participating in or taking the lead in establishing new multilateral cooperation mechanisms, thereby contributing Chinese wisdom and Chinese solutions to the formulation of international rules and the establishment of new mechanisms for resolving international disputes. In addition, we must strengthen the overall coordination of foreign-related law enforcement among various domestic departments, establish working mechanisms that promote and support each other, and ensure their regular operation. We need to clearly define the legal basis, procedural guidelines, and standards for law enforcement, refine rules governing investigation and evidence collection, notification, hearings, and the coordination of enforcement disputes, and ensure that foreign-related law enforcement is fair and just.

  We will coordinate the standardization of judicial procedures with international judicial cooperation, comprehensively enhancing the international credibility of China’s foreign-related judiciary. In recent years, the People’s Courts have strengthened the construction of international commercial courts, issued judicial service policies centered on high-quality joint building of the Belt and Road Initiative, the establishment of free trade pilot zones, and the development of the Hainan Free Trade Port, and promoted the construction of an international maritime judicial center—measures that have steadily boosted China’s international influence and credibility in foreign-related judicial affairs. In the new era, foreign-related judicial work must meet the new requirements of steadily expanding institutional openness and competing in the global rule of law. We must uphold the principle of equal protection, correctly apply international treaties and international practices, and ensure substantive justice through procedural fairness, thereby further enhancing the international credibility of China’s foreign-related judiciary. To this end, we need to strengthen the standardization of judicial processes, clearly defining key tasks, time limits, procedural standards, and document formats for each stage of foreign-related cases—from filing to case closure and archiving. Through information technology and intelligent tools, we can achieve full-process traceability of completed matters, timely reminders and follow-ups for pending tasks, scheduled alerts for expiring matters, real-time warnings for defective cases, and automated assistance functions such as immediate suspension of non-compliant actions. At the same time, we must continue to elevate the level of international judicial cooperation, upgrade bilateral judicial assistance agreements signed between China and other countries, and intensify efforts in overseas asset recovery, fugitive pursuit, repatriation, and extradition. We should also refine China’s mechanisms and systems for judicial assistance, and advance international cooperation in areas such as extradition, repatriation of criminal suspects and convicted persons, and the transfer of sentenced individuals.

  Coordinate the development of the legal profession with the improvement of the arbitration system, thereby comprehensively enhancing the quality of foreign-related legal services. Foreign-related legal services encompass a wide range of fields, including lawyers, arbitration, notarization, mediation, forensic expertise, legal research, and legal aid. Wherever national interests extend, foreign-related legal services must follow suit. Since the reform and opening-up, China’s foreign-related legal services have made significant progress; however, their share in the international legal services market remains relatively low, and their influence is still limited. To effectively safeguard the legitimate rights and interests of Chinese parties, we must focus on regions—such as countries along the Belt and Road—that are characterized by intensive overseas interests and numerous foreign-related legal issues, and take concrete measures to support domestic law firms in establishing overseas branches and engaging in overseas mergers and joint ventures, thus expanding into the international legal services market. We should steadily advance the ongoing revision of the Arbitration Law, promote cooperation between Chinese arbitration institutions and their counterparts in other countries to establish joint arbitration mechanisms, further refine an arbitration system with Chinese characteristics that enhances the openness of the foreign-related arbitration system, and provide institutional support for elevating the quality of China’s foreign-related legal services.

  We should coordinate the research and dissemination of rule-of-law approaches involving foreign affairs, and actively articulate China’s distinctive concepts, propositions, and successful practices in this field. The building of a rule-of-law system and capacity for foreign affairs calls for a balanced approach that integrates both hard power and soft power—ensuring that these efforts not only deliver practical results but also continue to deepen theoretical research and expand their influence. In recent years, China has made remarkable progress in the study of rule of law in foreign affairs, with research fields continually broadening, research questions deepening, and research content constantly being updated. These efforts have played an important role in safeguarding national security, promoting high-level opening-up, and driving high-quality development. We must further strengthen research on cutting-edge theoretical and practical issues in foreign-affairs rule of law, build a Chinese-characteristic rule-of-law theoretical and discourse system that integrates domestic and international perspectives, and propose more rule-of-law theories that reflect the shared values of all humanity. At the same time, we need to enhance our international communication efforts and continuously expand the global influence of China’s foreign-affairs rule-of-law theories and practices. For example, China, together with relevant countries, jointly initiated the establishment of the International Mediation Institute, which is committed to resolving differences peacefully, settling disputes through dialogue and consultation, and rejecting zero-sum games in favor of mutually beneficial cooperation. This initiative responds to the strong aspirations of the international community for peace, security, fairness, justice, and win-win cooperation. We must tell the story of China’s rule of law in the new era well, so that our country’s efforts in foreign-affairs rule of law can gain broader understanding and recognition from the international community.

Source | People's Daily Online, Official Website for Party History Study and Education


Tongfang Law Firm was established in 1999 and is one of the largest, strongest, and most reputable partnership law firms in Northeast China. It has been recognized by the Ministry of Justice and the All China Lawyers Association as one of the first “National Outstanding Law Firms.”

Past Issues:

Tongfang Academy Micro-Party Class, Issue 245: Young Cadres Should Consciously Be Model Practitioners of Loyal and Honest Conduct Toward the Party.

Tongfang Academy Micro-Party Class, Issue 244: We must both “always be deeply concerned” and “have confidence in everything we do.”

Tongfang Academy Micro-Party Class, Issue 243: Uphold the Party's Leadership and Accelerate the Building of a Strong Country in Education


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