Application Of Law In Administrative Litigation Involving Foreign Elements

China has always respected international treaties in international exchanges. China's laws confirm the effectiveness of international treaties concluded or acceded to by China.

The seventy-second article of administrative procedure law stipulates the application of international treaties in foreign administrative litigation.

Where there are different provisions in international treaties or administrative procedure law concluded or acceded to by China, international treaties are applicable.

But our country declares reservations.

Except.

This requires that the people's courts in China should abide by the principles of international treaties prior to domestic legislation when handling foreign related administrative litigation cases.

However, when the people's court takes precedence over domestic legislative principles when applying international treaties, there is a restriction:

Where China expressly declares reservations

Part of the treaty, that is, part of the provisions which China has not recognized and participated in, shall not be applicable to foreign-related administrative litigation. Regardless of whether its provisions are in conflict with our domestic legislation, the people's courts can only apply the relevant provisions of China's administrative procedure law to hear foreign administrative litigation cases.

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Jointly sponsored by the Weinan Municipal People's government and the Shaanxi provincial council for the promotion of international trade, the training seminar on foreign-related commercial legal risk prevention and exhibition and international exhibition business organized by the City Council for trade promotion was held in Wei.

In the two day closed training, professional advisors from the China Council for international trade promotion, the provincial commerce department, the Provincial Intellectual Property Office, the Provincial Higher People's court and the Xi'an Customs Department mainly focus on how to prevent and deal with all kinds of legal risks in the international market and how to enhance the protection and utilization of intellectual property rights in international trade and international professional exhibitions.

In response to the current economic and trade situation, as well as corporate customs clearance and national insurance policies, enterprises have trained and instruct more than 150 heads of relevant departments and enterprises from Baoji, Xianyang, Yanan, Ankang, Tongchuan, Shangluo, Yangling and various counties (cities and districts) of our city.

After the end of the training, the representatives of enterprises in our city have indicated that after knowing the conditions and procedures of the enterprise products going abroad, they will pay more attention to the brand cultivation and independent innovation consciousness in the future management, and will be confident that the enterprises can go abroad to explore the international market in the future.