China's "foreign-related rule of law" : the shift of rhetoric from "Sino-US legal battle" to creating "favorable law-based governance and external conditions"

The CCP Political Bureau organized a study session yesterday, and the theme of the study is the “foreign-related rule of law”(涉外法治）.

Dr. Huang Huikang, a distinguished professor at Wuhan University, elaborated on this issue and proposed work suggestions. Huang, a member of the United Nations International Law Commission, has also served as a veteran diplomat, serving as the Director General of the Department of Treaty and Law and then as the Chinese ambassador to Malaysia.

A lecture like this may have 10 thousand words, but maybe only those being picked up in the Xinhua press release really matter.

The concept of "foreign-related rule of law" was introduced by President Xi Jinping in a very important speech at the first working meeting of the CCP Central Committee in 2020. President Xi put forward "Eleven Persisting" in terms of China’s rule of law for the first time in his speech, among which "Persisting in Coordinating the Promotion of Domestic Rule of Law and Foreign-related Rule of Law" was a very important one.

坚定不移走中国特色社会主义法治道路 为全面建设社会主义现代化国家提供有力法治保障

Firmly follow the path of socialist rule of law with Chinese characteristics and provide strong legal guarantees for the comprehensive construction of a socialist modern country

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第九，坚持统筹推进国内法治和涉外法治。法治是国家核心竞争力的重要内容。当前，世界百年未有之大变局加速演变，和平与发展仍然是时代主题，但国际环境不稳定性不确定性明显上升，新冠肺炎疫情大流行影响广泛深远。我国不断发展壮大，日益走近世界舞台中央。要加快涉外法治工作战略布局，协调推进国内治理和国际治理，更好维护国家主权、安全、发展利益。要加快形成系统完备的涉外法律法规体系，提升涉外执法司法效能。要引导企业、公民在走出去过程中更加自觉地遵守当地法律法规和风俗习惯，运用法治和规则维护自身合法权益。要注重培育一批国际一流的仲裁机构、律师事务所，把涉外法治保障和服务工作做得更有成效。

我们要坚定维护以联合国为核心的国际体系，坚定维护以国际法为基础的国际秩序，坚定维护以联合国宪章宗旨和原则为基础的国际法基本原则和国际关系基本准则。对不公正不合理、不符合国际格局演变大势的国际规则、国际机制，要提出改革方案，推动全球治理变革，推动构建人类命运共同体。

Ninth, adhere to the coordinated promotion of domestic and foreign-related rule of law. The rule of law is an important part of a country's core competitiveness. Currently, the world's unprecedented changes are accelerating, and peace and development are still the themes of the times. However, the instability and uncertainty of the international environment have increased significantly, and the COVID-19 epidemic has had a broad and far-reaching impact. China is constantly developing and moving closer to the center of the world stage. It is necessary to accelerate the strategic layout of foreign-related rule of law work, coordinate the promotion of domestic and international governance, and better safeguard national sovereignty, security, and development interests. It is necessary to accelerate the formation of a systematic and complete foreign-related legal and regulatory system, and improve the effectiveness of foreign-related law enforcement and judicial efficiency. It is necessary to guide enterprises and citizens to more consciously abide by local laws, regulations, and customs in the process of going global, and use the rule of law and rules to safeguard their legitimate rights and interests. We should pay attention to cultivating a group of internationally first-class arbitration agencies and law firms, lifting the performance of foreign-related legal services.

We must firmly uphold the international system with the United Nations at its core, firmly uphold the international order based on international law, firmly uphold the basic principles of international law and the basic norms of international relations based on the purposes and principles of the United Nations Charter. We must propose reform plans for international rules and mechanisms that are unjust, unreasonable, and inconsistent with the trend of international pattern evolution, promote global governance reform, and promote the construction of a community with a shared future for mankind.

Over the past few years, this term has gained significant influence in Chinese official and academic discourse. Moreover, to some extent, it has become a guideline for the extraterritorial application of its domestic law, like the Provisions on the Unreliable Entity List of 2020, Anti-foreign Sanctions Law of 2021, etc.

It's worth mentioning that the core messages in the past elaboration of "foreign-related rule of law" mainly focused on how to win legal battles against the US bilateral sanction, enhance the extraterritorial application of Chinese law, tackle US long-arm jurisdiction, protect China’s overseas interests, and other similar content.

Xi’s speech delivered during the 35th collective study session of the Political Bureau of the 19th Central Committee of the Communist Party of China on December 6, 2021.

坚持走中国特色社会主义法治道路，更好推进中国特色社会主义法治体系建设

Adhere to the road of socialist rule of law with Chinese characteristics, and better promote the construction of the socialist rule of law system with Chinese characteristics

运用法治手段开展国际斗争。党的十八大以来，我们统筹推进国内法治和涉外法治，运用法治方式维护国家和人民利益能力明显提升。要坚持统筹推进国内法治和涉外法治，按照急用先行原则，加强涉外领域立法，进一步完善反制裁、反干涉、反制“长臂管辖”法律法规，推动我国法域外适用的法律体系建设。要把拓展执法司法合作纳入双边多边关系建设的重要议题，延伸保护我国海外利益的安全链。要加强涉外法治人才建设。

Applying legal tools in international struggles. Since the 18th National Congress of the CPC, we have advanced the rule of law in domestic and foreign-related affairs in a coordinated manner, significantly enhancing the capacity to employ the rule of law to protect national interests and the well-being of the Chinese people. It is imperative to continue the coordinated advancement of the rule of law in domestic and foreign-related affairs, prioritize pressing needs, strengthen foreign-related legislation, refine regulations related to counter-sanctions, counter-interference, and counter "long-arm jurisdiction," and advance the development of the system of laws for extraterritorial application; incorporate expanding cooperation in law enforcement and judicial work into the agenda of bilateral and multilateral relations, and extend the security chain for safeguarding China's overseas interests; fostering talent cultivation of foreign-related legal professionals.

But this time, the tone of the press release seems very different. The aforementioned content, traditionally a typical elaboration of the "foreign-related rule of law," has somewhat disappeared. Instead, something new, including the need to further open up, improve the Chinese business environment, protect foreign investment, and align with high-standard international economic and trade agreements, has been highlighted.

习近平在中共中央政治局第十次集体学习时强调 加强涉外法制建设 营造有利法治条件和外部环境

Xi Focus: Xi stresses foreign-related rule of law development

新华社北京11月28日电  中共中央政治局11月27日下午就加强涉外法制建设进行第十次集体学习。中共中央总书记习近平在主持学习时强调，加强涉外法治建设既是以中国式现代化全面推进强国建设、民族复兴伟业的长远所需，也是推进高水平对外开放、应对外部风险挑战的当务之急。要从更好统筹国内国际两个大局、更好统筹发展和安全的高度，深刻认识做好涉外法治工作的重要性和紧迫性，建设同高质量发展、高水平开放要求相适应的涉外法治体系和能力，为中国式现代化行稳致远营造有利法治条件和外部环境。

武汉大学特聘教授黄惠康同志就这个问题进行讲解，提出工作建议。中央政治局的同志认真听取了讲解，并进行了讨论。

习近平在听取讲解和讨论后发表了重要讲话。他指出，法律是社会生活、国家治理的准绳。涉外法律制度是国家法制的重要组成部分，是涉外法治的基础，发挥着固根本、稳预期、利长远的重要作用。在强国建设、民族复兴新征程上，必须坚持正确政治方向，以更加积极的历史担当和创造精神，加快推进我国涉外法治体系和能力建设。

习近平强调，涉外法治作为中国特色社会主义法治体系的重要组成部分，事关全面依法治国，事关我国对外开放和外交工作大局。推进涉外法治工作，根本目的是用法治方式更好维护国家和人民利益，促进国际法治进步，推动构建人类命运共同体。必须坚定不移走中国特色社会主义法治道路。

习近平指出，涉外法治工作是一项涉及面广、联动性强的系统工程，必须统筹国内和国际，统筹发展和安全，坚持前瞻性思考、全局性谋划、战略性布局、整体性推进，加强顶层设计，一体推进涉外立法、执法、司法、守法和法律服务，形成涉外法治工作大协同格局。要坚持立法先行、立改废释并举，形成系统完备的涉外法律法规体系。要建设协同高效的涉外法治实施体系，提升涉外执法司法效能，推进涉外司法审判体制机制改革，提高涉外司法公信力。要积极发展涉外法律服务，培育一批国际一流的仲裁机构、律师事务所。要深化执法司法国际合作，加强领事保护与协助，建强保护我国海外利益的法治安全链。要强化合规意识，引导我国公民、企业在“走出去”过程中自觉遵守当地法律法规和风俗习惯，运用法治和规则维护自身合法权益。

习近平强调，要坚定维护以国际法为基础的国际秩序，主动参与国际规则制定，推进国际关系法治化。积极参与全球治理体系改革和建设，推动全球治理朝着更加公正合理的方向发展，以国际良法促进全球善治，助力构建人类命运共同体。

习近平指出，法治同开放相伴而行，对外开放向前推进一步，涉外法治建设就要跟进一步。要坚持在法治基础上推进高水平对外开放，在扩大开放中推进涉外法治建设，不断夯实高水平开放的法治根基。法治是最好的营商环境，要完善公开透明的涉外法律体系，加强知识产权保护，维护外资企业合法权益，用好国内国际两类规则，营造市场化、法治化、国际化一流营商环境。要主动对接、积极吸纳高标准国际经贸规则，稳步扩大制度型开放，提升贸易和投资自由化便利化水平，建设更高水平开放型经济新体制。要对标国际先进水平，把自由贸易试验区等高水平对外开放的有效举措和成熟经验及时上升为法律，打造开放层次更高、营商环境更优、辐射作用更强的对外开放新高地。要全面提升依法维护开放安全能力。完善外国人在华生活便利服务措施和相关法律法规。

习近平强调，要加强专业人才培养和队伍建设。坚持立德树人、德法兼修，加强学科建设，办好法学教育，完善以实践为导向的培养机制，早日培养出一批政治立场坚定、专业素质过硬、通晓国际规则、精通涉外法律实务的涉外法治人才。健全人才引进、选拔、使用、管理机制，做好高端涉外法治人才培养储备。加强涉外干部队伍法治能力建设，打造高素质专业化涉外法治工作队伍。各级领导干部要带头尊法、学法、守法、用法，切实提升涉外法治思维和依法办事能力。

习近平指出，要坚定法治自信，积极阐释中国特色涉外法治理念、主张和成功实践，讲好新时代中国法治故事。加强涉外法治理论和实践前沿课题研究，构建中国特色、融通中外的涉外法治理论体系和话语体系，彰显我国法治大国、文明大国形象。中华法系源远流长，中华优秀传统法律文化蕴含丰富法治思想和深邃政治智慧，是中华文化的瑰宝。要积极推动中华优秀传统法律文化创造性转化、创新性发展，赋予中华法治文明新的时代内涵，激发起蓬勃生机。

BEIJING, Nov. 28 (Xinhua) -- Xi Jinping, general secretary of the Communist Party of China (CPC) Central Committee, has stressed the need to strengthen foreign-related rule of law development, as he chaired a group study session of the Political Bureau of the CPC Central Committee on Monday.

Xi highlighted the need to create law-based governance conditions and a favorable external environment for advancing Chinese modernization.

Xi emphasized that bolstering the rule of law in foreign affairs serves the long-term need for building a strong nation and advancing national rejuvenation through a Chinese path to modernization.

He further underscored the immediate importance of foreign-related rule of law development in fostering high-standard opening-up and addressing external risks and challenges.

Calling for attention to the importance and urgency of the issue, Xi stressed the need to foster a foreign-related rule of law and capacity that meet the needs of high-quality development and high-standard opening-up.

A professor from Wuhan University gave a lecture, after which members of the Political Bureau had a discussion.

Speaking after the discussion, Xi pointed out that foreign-related legal framework is an important part of China's legal system.

He emphasized that the fundamental purpose of advancing law-based governance in foreign-related affairs is to safeguard the interests of the country and the people through legal means, facilitate progress in international rule of law, and advance the building of a community with a shared future for humanity.

The path of socialist rule of law with Chinese characteristics must be followed with unswerving commitment, Xi added.

Xi underscored the importance of well-structured top-level design, adding that foreign-related legislation, law enforcement, jurisdiction, law compliance and legal services ought to be advanced simultaneously.

In addition, efforts should be taken to advance reform in the system and mechanism of foreign-related trial and judicature, said Xi.

He also highlighted the need to cultivate arbitration institutions and law firms of international prestige.

Xi urged efforts to build a strong legal security chain to protect China's overseas interests.

He noted the necessity for guiding Chinese citizens and enterprises to abide by local laws and regulations when going abroad, and that they should apply laws and rules to safeguard their legitimate rights and interests.

The international order based on international law must be resolutely upheld, Xi noted, adding that China should actively take part in the formulation of international rules and promote the rule of law in international relations.

Xi said the rule of law is the best environment for doing business.

He stressed building an open and transparent foreign-related rule of law, strengthening the protection of intellectual property rights, safeguarding the legitimate rights and interests of foreign-funded enterprises, and fostering a market-oriented, law-based and internationalized business environment.

Noting that the institutional opening-up should be steadily expanded and trade and investment liberalization and facilitation should be improved, Xi said effective measures and mature experience of high-standard opening-up such as the ones tested in pilot free trade zones should be timely elevated to law provisions.

Efforts should be made to improve measures and relevant laws and regulations to facilitate foreigners who live in China, Xi added.

Xi also underlined the importance of fostering professional personnel.

Xi emphasized the need to strengthen confidence in the rule of law, and actively interpret China's unique concepts, propositions, and successful practices related to the rule of law in foreign affairs. He highlighted efforts to promote the creative transformation and development of fine traditional Chinese legal culture.