MO Jihong: On the Underlying Logic of the Foreign-related Rule of Law


 


Abstract: Currently, due to the influence of the traditional legal theory of the international rule of law and the legal value of the foreign rule of law, the nature, connotation, extension, existence status, and institutional function of the foreign-related rule of law are more or less influenced by the international rule of law and the foreign rule of law, which hinders the academic development of foreign-related law as a research object. Starting from the analysis of the underlying logic of the foreign-related rule of law and through formal and logical exclusion and deduction methods, this article defines the nature of the foreign-related rule of law as the rule of law that corresponds to the "domestic-related rule of law" and as a component of domestic rule of law and analyzes the possible overlapping areas between the foreign-related rule of law, the international rule of law, and the foreign rule of law in legal logic. It holds that China should strengthen the construction of the foreign-related rule of law system and that the key to doing so is to ensure the "proper governance” and "capable governance" of foreign-related laws. lt is necessary to confirm the legal origin of foreign-related laws from a more macro perspective while adhering to the domestic rule of law concept of "treaties may not violate the Constitution" and quickly establish the institutional functions of the foreign-related rule of law. This article also emphasizes the important position of "foreign-related legal services" in foreign-related legal work and points out that strengthening the construction of the foreign-related legal talent team is the essence of foreign-related legal work. Finally, starting from the importance of building a foreign-related legal system, this article proposes to incorporate the foreign-related legal system into the socialist legal system with Chinese characteristics as soon as possible in policy design and institutional construction, in order to ensure the integrity and effectiveness of the construction of the socialist legal system with Chinese characteristics.

Key Words: the foreign-related rule of law; the domestic-related rule of law; the foreign rule of law; the international rule of law; construction of the foreign-related rule of law system