China's "foreign-related legal system" now emphasizes facilitating "favorable external environment"

Xi highlights opening up and learning from international rules in the Politburo's latest collective study session.

A new emphasis on China’s “foreign-related legal system” appears to have emerged, aiming at perfecting its legislation to improve the domestic business environment and serve opening-up, instead of stressing manufacturing legal tools for “external struggle.”

Xi Jinping, the General Secretary of the Communist Party of China Central Committee, appears to have devoted the longest paragraph of his speech at a Monday collective study session of the Politburo to have China’s “foreign-related rule of law” keep pace with its “high-standard” opening up, such as the absorption of “high-standard international economic and trade rules,” a term in China typically referring to CPTPP ad DEPA, according to the official readout.

The paragraph reads:

Xi pointed out that the rule of law and opening up are interwoven; as opening up progresses, the development of foreign-related rule of law must keep pace. It is imperative to adhere to high-standard opening up based on the rule of law, promote construction of foreign-related rule of law while expanding openness, and consistently fortify the legal underpinnings of high-standard opening up. The rule of law is the most favorable business environment. It is imperative to enhance an open and transparent foreign-related legal system, strengthen intellectual property protection, safeguard the legitimate rights and interests of foreign-funded enterprises, effective utilize both domestic and international rules, and the cultivate of a market-oriented, law-based, and world-class business environment; actively connect with and absorb high-standard international economic and trade rules, steadily expand institutional opening up, enhance trade and investment liberalization and facilitation, and construct a new system for a higher-level open economy; align with international best practices, promptly elevate effective measures and mature experiences in high-level opening up such as free trade zones (FTZs) into laws, so as to create a new height for opening up with a higher standard of openness, better business environments, and stronger influence; comprehensively enhance the capacity for safeguarding the security of opening up in accordance with the law; refine measures for convenient services and relevant laws and regulations for foreigners residing in China.

Xi also asked to “foster compliance consciousness and guide Chinese citizens and enterprises to voluntarily abide by local laws, regulations, and customs during their ‘going out’ endeavors.”

His speech, according to the official readout, gave fleeting mentions to “better safeguard, through law-based methods, the interests of the country and its people,” but underlined that the “frameworks and capabilities of foreign-related rule of law” must “align with the demands of high-quality development and high-level opening up.” He added, “This will create favorable legal and external conditions for the steady development of Chinese modernization.”

In three separate speeches by Xi in 2018, 2020, and 2021, the “foreign-related rule of law” centered on, respectively, “external struggle,” “defend(ing) national sovereignty, security, and development interests,” and “international struggles”.

Xi’s speech, via Qiushi/Seek Truth, delivered on August 24, 2018, at the 中央全面依法治国委员会第一次会议 first meeting of the Central Committee for Comprehensive Law-Based Governance .

中国走向世界，以负责任大国参与国际事务，必须善于运用法治。在对外斗争中，我们要拿起法律武器，占领法治制高点，敢于向破坏者、搅局者说不。全球治理体系正处于调整变革的关键时期，我们要积极参与国际规则制定，做全球治理变革进程的参与者、推动者、引领者。

As China goes global and participates in international affairs as a responsible major country, it is imperative to utilize the rule of law. In external struggles, we must take up legal arms with confidence, take over the commanding heights of the rule of law, and assertively reject destroyers and disrupters. At this pivotal moment when the global governance system is undergoing profound transition and changes, we must actively participate in the formulation of international rules and position ourselves as a participant, contributor, and leader in the process of global governance reform.

Xi’s speech, via Qiushi/Seek Truth, delivered on November 16, 2020, at the 中央全面依法治国工作会议 Central Conference on Comprehensive Law-Based Governance

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。

The rule of law is an important component of the core competitiveness of a country. Currently, the world is undergoing profound changes in a century, with the themes of peace and development still prevailing. However, the international environment is marked by increasing instability and uncertainty, and the widespread and profound impact of the COVID-19 pandemic. China is continuously growing and moving closer to the center stage of the world. We need to accelerate the strategic layout of foreign-related legal work, coordinate domestic and international governance, and better safeguard national sovereignty, security, and development interests. We should expedite the establishment of a comprehensive system of foreign-related laws and regulations, enhance the efficiency of foreign-related law enforcement and judicial processes. We should guide enterprises and citizens to more consciously abide by local laws, regulations, and customs when they go abroad, and use the rule of law and regulations to protect their legitimate rights and interests. It is important to nurture a number of world-class arbitration institutions and law firms in international practice, making foreign-related legal protection and service work more effective.

We must firmly uphold the international system with the United Nations at its core, uphold the international order based on international law, and uphold the fundamental principles of international law and the basic norms of international relations based on the purposes and principles of the UN Charter. In the face of international rules and mechanisms that are unjust, unreasonable, and do not conform to the evolving global landscape, we should propose reform plans, promote global governance reform, and work towards the construction of a community with a shared future for humanity.

Xi’s speech, via Qiushi/Seek Truth, 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.

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.

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 Jinping stresses strengthening foreign-related legal system development to create favorable law-based governance and external conditions during the 10th group study session of the Political Bureau of the (20th) Central Committee of the Communist Party of China

BEIJING, Nov. 28 (Xinhua) -- On the afternoon of November 27th, the Political Bureau of the (20th) Central Committee of the Communist Party of China (CPC) conducted the 10th group study session on the reinforcing foreign-related legal system. While presiding over this study session, Xi Jinping, general secretary of the CPC Central Committee, emphasized that bolstering foreign-related rule of law is not only a long-term necessity in building a great country and national rejuvenation on all fronts through the Chinese path to modernization, but also an immediate imperative to pursue high-standard opening up and effectively respond to external risks and challenges. While giving full consideration to both domestic and international imperatives and placing equal emphasis on development and security, it is imperative to recoginze the significance and urgency of foreign-related rule of law is required, establish frameworks and capabilities of foreign-related rule of law that align with the demands of high-quality development and high-level opening up. This will create favorable legal and external conditions for the steady development of Chinese modernization.

Huang Huikang, a distinguished professor at Wuhan University, elaborated on this issue and proposed work suggestions. Members of the Political Bureau attentively heard his elaborations and held discussions.

Xi delivered an important speech after hearing the elaborations and discussions. He pointed out that the law serves as the bedrock of social life and national governance. The foreign-related laws and regulations stand as an indispensable component of the national legal framework and underpin the foundations of foreign-related rule of law. They play a pivotal role in consolidating foundations, ensuring stable expectations, and delivering long-term benefits. On the path of building a great country and national rejuvenation, a steadfast commitment to the correct political direction, coupled with a proactive historical responsibility and innovative spirit, is vital in accelerating the development of the framwork and capabilities of China's foreign-related rule of law.

Xi stressed that foreign-related rule of law, a crucial facet of the socialist rule of law with Chinese characteristics, holds great significance not only for the comprehensive framework for law-based governance but also for China's opening up and overarching diplomatic endeavors. The fundamental goal of advancing foreign-related rule of law is to better safeguard, through law-based methods, the interests of the country and its people, foster progress in international legal governance, and contribute actively to the construction of a community with a shared future for humanity. Unswervingly adhering to the path of socialist rule of law with Chinese characteristics is imperative.

Xi pointed out that foreign-related rule of law constitutes an extensive, interconnected, and systematic undertaking. It is imperative to give full consideration to both domestic and international imperatives and place equal emphasis on development and security; adopt a forward-thinking approach, comprehensive planning, strategic arrangement, and coordinated advancement; strengthen top-level design and integrate the development of foreign-related legislation, law enforcement, judicial proceedings, compliance, and legal services should be pursued, so as to form extensive coordination for foreign-related rule of law; uphold the principle of legislation taking precedence, coupled with simultaneous legislation, reform, repeal, and interpretation so as to the establish a complete foreign-related legal and regulatory framework; construct an efficient foreign-related legal implementation system, enhance the efficacy of foreign-related law enforcement and judicial functions, promote reforms in the foreign-related judicial trial system and mechanisms, and bolster the credibility of foreign-related judicial work; actively cultivate foreign-related legal services, nurture a cadre of world-class arbitration institutions and law firms, deepen international cooperation in law enforcement and judiciary, strengthen consular protection and assistance, and fortify the chain of law-based security for safeguarding China's overseas interests; foster compliance consciousness and guide Chinese citizens and enterprises to voluntarily abide by local laws, regulations, and customs during their "go abroad " endeavors and employ the rule of law and regulations to protect their legitimate rights and interests.

Xi stressed the need to steadfastly uphold the international order underpinned by international law, actively engage in international rule formulation, and promote the rule of law in international relations; actively participate in the reforms and development of the global governance system, advance global governance towards greater fairness and equity, and utilize international legal norms to foster global governance and contribute to the construction of a community with a shared future for humanity.

Xi pointed out that the rule of law and opening up are interwoven; as opening up progresses, the development of foreign-related rule of law must keep pace. It is imperative to adhere to high-standard opening up based on the rule of law, promote constrcution of foreign-related rule of law while expanding openness, and consistently fortify the legal underpinnings of high-level opening up. The rule of law is the most favorable business environment. It is imperative to enhance an open and transparent foreign-related legal system, strengthen intellectual property protection, safeguard the legitimate rights and interests of foreign-funded enterprises, effective utilize both domestic and international rules, and the cultivate of a market-oriented, law-based, and world-class business environment; actively connect with and absorb high-standard international economic and trade rules, steadily expand institutional opening up, enhance trade and investment liberalization and facilitation, and construct a new system for a higher-level open economy; align with international best practices, promptly elevate effective measures and mature experiences in high-standard opening up such as free trade zones (FTZs) into laws, so as to create a new height for opening up with a higher standard of openness, better business environments, and stronger influence; comprehensively enhance the capacity for safeguarding the security of opening up in accordance with the law; refine measures for convenient services and relevant laws and regulations for foreigners residing in China.

Xi stressed that it is imperative to strengthen the cultivation of professionals; uphold the principle of fostering virtue through education and concurrent cultivation of virtue and professionalism, consolidate discipline development, develop legal education, improve practice-oriented training mechanisms, and soon cultivate a cadre of foreign-related legal professionals who possess a steadfast political stance, exceptional professional qualities, comprehensive knowledge of international rules, and proficiency in foreign-related legal practices; improve the mechanism for talent introduction, selection, employment, and management, and establish a reserve of talent for high-level foreign-related rule of law; build up the legal capacity of foreign-related personnel and establish high-caliber professional teams for foreign-related rule of law; party officials at all levels should lead by example in respecting, studying, abiding by, and utilizing the law, effectively elevating their foreign-related legal thinking and their capacity to conduct affairs in accordance with the law.

Xi pointed out that it is imperative to uphold confidence in the rule of law, actively expound upon the concept, propositions, and successful practices of foreign-related rule of law with Chinese characteristics, and effectively tell China's legal governance stories in the new era well; strengthen research on advanced theoretical and practical frontier topics in foreign-related rule of law, develop theoretical and discourse frameworks for foreign-related rule of law that embody Chinese characteristics while being open to international ideas, and cultivate an image as a legal powerhouse and a great civilization. The Chinese legal tradition, with a long history, extensive legal philosophy, and profound political wisdom, stands as a valuable treasure within Chinese culture. It is imperative to proactively promote the creative transformation and development of fine traditional Chinese legal culture and add new dimensions and vibrancy to China's foreign-related legal civilization. (Enditem)