China Will Improve Foreign Related Laws And Protect Citizens' Interests Overseas.

When the Communist Party closed last week in the fourth Plenary Session of the 18th CPC Central Committee, when it deployed to comprehensively promote the rule of law, it put forward "strengthening foreign related legal work, using legal means to safeguard China's sovereignty, security and development interests, and safeguarding the legitimate rights and interests of our citizens and legal persons in overseas and foreign citizens and legal persons in China".

Analysts pointed out that in the fourth Plenary Session of the 18th CPC Central Committee, China released a strong signal that China attaches more importance to foreign-related legal work. It is expected that in addition to further revising and improving existing foreign related laws, China will speed up the formulation of new laws, including consular protection and foreign investment, and step up training of foreign lawyers.

With the deepening of reform and opening up, China's ties with the rest of the world are unprecedented. In 2013, the number of outbound tourists reached about 98000000, becoming one of the fastest growing countries in the world. It is estimated that the number of outbound tourists in China will reach 110 million in 2014, an increase of about 13%.

The sustained development of economy has promoted the explosive growth of China's overseas investment. According to statistics, China's non financial foreign direct investment amounted to US $90 billion 170 million in 2013. Chinese Premier Li Keqiang predicted that China's foreign investment will reach US $500 billion in the next 5 years.

"Business contacts and cultural exchanges between China and the rest of the world are increasing, and the probability of disputes is increasing." Li Hong, a professor at the Law School of Tsinghua University, said that in the new era, it is still hard to guarantee that citizens' interests abroad are easily constrained by the shortage of personnel and the high cost.

He believes that it is the trend of the world and the needs of the times to safeguard citizens' legitimate rights and interests abroad through legal means. In the fourth Plenary Session of the 18th CPC Central Committee, the relevant deployment arrangements were made in time, showing the determination of the state to safeguard citizens' rights and interests and the embodiment of the country's comprehensive strength.

There are quite a lot of foreign related laws in China, including special laws such as foreign investment law, Sino foreign joint venture law, foreign trade law, and law applicable to foreign related civil relations.

Zhang Ning, an associate professor at the law department of National School of Administration, said that when foreigners came to China to abide by the laws of the nationality state, they should abide by Chinese laws. Similarly, when Chinese people go to foreign countries, they must abide by the laws of the host country while obeying Chinese laws.

"Chinese citizens living abroad are actually protected by Chinese laws and the laws of their host countries. But once it is illegal, it may also face double punishment. Zhang Ning stressed that whether Chinese citizens travelling abroad or overseas invested Chinese enterprises should do their homework well before going out, conscientiously study and work hard to comply with local laws.

In an interview with reporters, analysts pointed out that China's laws protecting the legitimate rights and interests of its citizens and legal persons are still relatively lacking and need to be strengthened. On the basis of international law, China can learn from other countries' experience and gradually improve the "legal protection network".

Li Hong said that at present, China Foreign related laws Although there are some provisions on the protection of citizens overseas, they are not systematic. They are also faced with some legal obstacles in international conventions and treaties. In the future, legislative departments and foreign affairs departments should do a lot of work, docking international conventions, treaties, and revising and supplementing relevant laws and regulations.

In the face of increasingly frequent claims and increasingly complex environmental protection, the Ministry of foreign affairs of China began to promote legislation on Consular Protection in phases from 2007. It is expected that the legislative process of consular protection will be speeded up and the draft will be introduced as soon as possible under the background of increasing emphasis on foreign related legal work.

Modern China international relation Chen Fengying, director of the Institute of world economics, said that in order to better promote enterprises' "going out", China should speed up the formulation of comprehensive laws and regulations for overseas investment and improve the agreement on the protection of foreign investment. This is not only of long-term strategic significance for China's sustained and healthy economic development, but also of urgent practical significance.

She also suggested that Chinese government We should take an active part in the formulation of international investment rules, and revise and perfect the contents of the multilateral and bilateral investment protection agreements that have been signed as soon as possible, and increase the protection of China's foreign investment enterprises.

The effective development of foreign-related legal work is inseparable from a group of high-quality lawyers with international vision and proficient in foreign-related legal business.

In 2013, China formulated a training plan for lawyers' leading talents in foreign countries, and set up a national talent pool for foreign lawyers. It is ready to train 300 high-quality lawyers with international vision and proficient in foreign-related legal business in four years.

It is reported that the talents trained by the plan will mainly serve the large and medium-sized state-owned enterprises to implement the "going global" strategy, serve the development of China's foreign trade and serve China's overall national interests and the overall development strategy.

Analysts point out that when formulating foreign related laws, a country will try to achieve coordination and coordination with reference to its international conventions and treaties. China will not violate its international commitments when formulating foreign related laws.

"No matter whether it is the Charter of the United Nations or other international conventions and treaties that China has entered, China's foreign laws will not conflict with them." Zhang Ning said that the accusations that China would override international law were lacking in historical and realistic basis, but a tone change in the "China Threat Theory".