Strengthening The Important Tasks Of Foreign Related Legal Work

　　 (1) improving laws and regulations concerning foreign affairs

The decision put forward "to adapt to the deepening of opening up and improve the system of laws and regulations concerning foreign affairs". In the coming period, we should focus on the following tasks: first, improve the legal system of foreign trade. In order to promote development, improve supervision and standardize order, formulate laws and regulations to amend a batch of foreign trade. We should promote legislation on trade in services in order to adapt to the new trend of accelerating the development of service trade. The regulations on port work shall be promulgated as early as possible. The two is to formulate a unified foreign investment law. Learn from the international practice, implement the foreign capital management mode of negative list, build unified foreign investment access management and post event supervision system, improve the foreign investment national security review system, adjust and improve relevant foreign investment laws, and do well in the convergence of foreign investment law and company law. The three is to introduce laws and regulations on foreign investment as early as possible. Straighten out the management system of foreign investment, establish the status of enterprises and individuals as the main body of foreign investment, and improve the protection of rights and interests, investment promotion and risk early warning. The four is to adapt to the needs of strengthening and improving the work of foreign aid, and to establish a Chinese foreign aid legal system with Chinese characteristics. Five, we should improve the laws and regulations on service management of foreigners. We should promptly study and formulate regulations governing the residence and work of foreigners in China, and formulate laws governing the management of refugees in China and the management of non-governmental organizations outside China. Six, we should speed up the construction of consular protection laws and regulations, and regulate the rights and obligations of the government and citizens in consular protection.

　　 (two) vigorously regulate foreign affairs Administrative law enforcement

Equal rights before the law, and the legitimate rights and interests of domestic and foreign funded enterprises are equally protected by law, and all illegal activities shall be subject to legal investigation. The decision put forward "insisting on strict regulation, fair and civilized law enforcement", "innovating law enforcement system, improving law enforcement procedures, promoting comprehensive law enforcement, and strictly implementing law enforcement responsibilities", "establishing and improving the benchmark system of administrative discretion, and refining and quantifying administrative discretion standards". The law enforcement procedures concerning foreign affairs should be perfected accordingly. Administrative enforcement, administrative punishment, administrative compulsion, administrative levy, antitrust investigation, administrative inspection and other law enforcement actions should be formulated with specific law enforcement rules, discretion standards and operation procedures. We should improve the system of investigation, evidence collection, notification, hearing, revenue management of confiscation, and coordination of law enforcement disputes, so as to fully guarantee the right to know, expression, participation, supervision and relief of foreign enterprises. We must strengthen supervision over administrative law enforcement and resolutely punish corruption in foreign related law enforcement.

　　 (three) improving foreign justice Working level

International judicial attention is a special and important work. Improving the level of judicial work concerning foreign affairs is an inevitable requirement for building a socialist country ruled by law. It is related to China's international status and image of rule of law civilization, and also to national sovereignty, security and development interests. The decision put forward "ensuring fair justice, improving judicial credibility", "improving the fact that the facts are consistent with the objective truth, the results of the case are in line with the fairness of the entity, the process of handling cases is in line with procedural justice", and "open, dynamic, transparent and convenient for the sunshine judicial mechanism". This requires foreign judicial work to strictly abide by the relevant provisions of international treaties and domestic laws concluded or acceded to by China, and abide by the principle of reciprocity and international practice. We should deepen the reform of foreign-related trial methods, implement hearings and witness appearing in court to testify and so on, and strictly carry out the work of document delivery, investigation and evidence collection of foreign-related cases in strict accordance with the law. We should improve transparency in foreign-related judicial work, make public the handling of cases in an all-round way, and disclose the results, reasons and instruments of handling cases. We should strengthen the awareness of procedural awareness and rights protection to ensure that the parties involved in foreign cases have equal litigation status, legitimate procedures and fair results. We should improve foreign-related commercial maritime judicial system and working mechanism, actively exercise jurisdiction over foreign-related cases in accordance with the law, train international judicial personnel and improve the level of trial involving foreign elements. We should promote the construction of intellectual property courts, improve the judicial protection mechanism of intellectual property rights, simplify the procedures of intellectual property rights authorization, and strictly protect the rights and interests of Chinese and foreign parties in accordance with the law.

　　 (four) improve policies and regulations transparency

The openness and transparency of policies and regulations is an inevitable requirement for building an international legal business environment, and an important starting point for building a government of sunshine and a government under the rule of law. The decision clearly put forward "comprehensively promoting the openness of government affairs." We should adhere to the principle of "openness as the normal" and "no publicity" as the exception principle, and make decisions open, open, open, open and open. Governments at all levels and their working departments shall, according to the list of powers, fully disclose the functions of the government, the legal basis, the main body of implementation, the duties and powers, the management process and the mode of supervision, etc., "and the normative documents concerning the rights and obligations of citizens, legal persons or other organizations shall be promulgated according to the requirements and procedures of government information disclosure". The central government must honour its commitments and retain the public comment period for more than 30 days before all laws, regulations and regulations are implemented. Through the China foreign trade and economic bulletin, it regularly publishes English compilation of laws and foreign related laws and regulations, provides English translation to relevant departments and regulations within a reasonable period of time, and fulfills the obligation to inform the World Trade Organization of relevant laws and regulations.

　　 (five) strengthening foreign related legal services

The decision put forward "strengthening foreign related legal services, safeguarding the legitimate rights and interests of our citizens and legal persons in overseas and foreign citizens and legal persons in China, and safeguarding the rights and interests of overseas Chinese according to law." This puts forward new requirements for foreign related legal services under the new situation. First, we must continue to improve the mechanism of consular protection, investment protection and intellectual property protection, and strive to achieve where Chinese citizens and enterprises go, and where foreign legal services will follow. We should do well all kinds of contingency plans for foreign-related emergencies, and further improve the "five in one" consular protection linkage mechanism between the central, local, embassies and consulates, enterprises and individuals to safeguard the legitimate rights and interests of citizens and legal persons in China. Two, we should actively provide legal services and guarantees for Chinese enterprises and citizens to go out. We should strengthen legal publicity and legal consultancy services for overseas personnel and help them understand the relevant legal systems in foreign countries. It guides Chinese enterprises and citizens to abide by the laws and regulations of their country consciously and harmoniously with local enterprises and residents. Three, we must protect foreigners' legitimate rights and interests in China in accordance with the law. In accordance with the treaties concluded or acceded to by China or in accordance with the principle of reciprocity, the legitimate rights of foreigners in China shall be protected according to law. It will provide necessary convenience for foreigners to obtain judicial relief, lawyer services and translation services in accordance with the law.