Guo Li: Key Essentials and Measures for Strengthening the System and Capacity Building of Foreign-Related Rule of Law—Learning from the Fifth Volume of "Xi Jinping: The Governance of China"
As an important component of the socialist legal system with Chinese characteristics, foreign-related rule of law [1] concerns the overall situation of comprehensively governing the country according to law, as well as China’s opening up to the outside world and diplomatic work. Since the New Era, the CPC Central Committee with Comrade Xi Jinping at its core has attached great importance to foreign-related rule of law work and has issued a series of important expositions.
In February 2019, while presiding over the second meeting of the Commission for Overall Law-Based Governance of the CPC Central Committee, General Secretary Xi Jinping emphasized: "We must strengthen the construction of the foreign-related rule of law to create a favorable legal environment for advancing reform, development, and stability." In November 2020, at the Central Conference on Work Related to Overall Law-Based Governance, he emphasized: "We must accelerate the strategic layout of foreign-related rule of law work, coordinately advance domestic governance and international governance, and better safeguard national sovereignty, security, and development interests." In October 2021, at the Central Conference on NPC Work, he emphasized "coordinating the advancement of domestic rule of law and foreign-related rule of law," and so forth. The article "Strengthen the Construction of the Foreign-Related Rule of Law," included in the fifth volume of Xi Jinping: The Governance of China, contains the main points of a speech delivered by General Secretary Xi Jinping while presiding over the tenth group study session of the Political Bureau of the 20th CPC Central Committee. The article points out: "We must profoundly understand the importance and urgency of doing a good job in foreign-related rule of law work from the height of better coordinating the two overall situations of domestic and international affairs, and better coordinating development and security. We must build a foreign-related rule of law system and capacity that are compatible with the requirements of high-quality development and high-level opening up, creating favorable legal conditions and an external environment for the steady and long-term progress of Chinese-path modernization." Currently, the world has entered a period of turbulence and transformation, where international competition is increasingly manifested as a contest of systems, rules, and laws. Strengthening the construction of the foreign-related rule of law is conducive to our better response to the risks and challenges brought by the unstable and uncertain international environment; it serves as an important grasp [2] for building a chain to protect China's overseas interests and security, and further consolidates the institutional foundation for promoting the building of a community with a shared future for humanity. As an important component of Xi Jinping Thought on the Rule of Law, the General Secretary’s important expositions on foreign-related rule of law work are original theories that have gradually matured as the changes unseen in a century accelerate and Chinese-path modernization continues to advance and expand. They represent the hallmark achievements of Xi Jinping Thought on the Rule of Law in the field of foreign-related legal affairs.
Strengthening the construction of the foreign-related rule of law means responding to foreign-related legal risks and challenges through a systematic and complete strategic layout; resisting economic and trade hegemony and bullying through high-level opening up led by institutional opening up; and opening up a new frontier in global governance by safeguarding the international system and improving international rule of law to protect the interests of the state and the people. We should take the in-depth study of the fifth volume of Xi Jinping: The Governance of China as an opportunity to deepen our understanding of the theoretical innovations in strengthening the foreign-related rule of law, thoroughly summarize the practical experiences therein, and profoundly grasp the Chinese wisdom and world significance contained within, providing a powerful guarantee for the advancement and expansion of Chinese-path modernization.
An Important Body of Thought Gradually Maturing Through the Great Practice of the New Era
In "Strengthen the Construction of the Foreign-Related Rule of Law," General Secretary Xi Jinping points out: "The rule of law goes hand in hand with opening up. For every step forward in opening up, the construction of the foreign-related rule of law must follow suit." Since the 18th CPC National Congress, China has increasingly approached the center of the world stage, its interactions with the world have become closer, and the scope of foreign-related affairs has expanded, placing higher demands on foreign-related rule of law work. The CPC Central Committee with Comrade Xi Jinping at its core has made a series of major decisions and deployments regarding the comprehensive governance of the country according to law, and its reflections on foreign-related rule of law work have continued to deepen and innovate.
In 2014, the Fourth Plenary Session of the 18th CPC Central Committee made a top-level design and strategic deployment for the comprehensive governance of the country according to law, proposing to "strengthen foreign-related legal work, use legal means to safeguard our country's sovereignty, security, and development interests, and protect the legitimate rights and interests of our citizens and legal persons overseas and those of foreign citizens and legal persons in China." The Decision of the Plenary Session marked the first time "strengthening foreign-related legal work" was explicitly deployed in the form of a central document, providing scientific guidance for using the law to resolve foreign-related affairs. This is of great significance for better coordinating the two overall situations of domestic and international affairs, better safeguarding and utilizing the important period of strategic opportunity for China's development, and better achieving the strategic goal of China's peaceful development, as well as for building a socialist rule of law system with Chinese characteristics and a socialist country under the rule of law.
In February 2019, General Secretary Xi Jinping emphasized while presiding over the second meeting of the Commission for Overall Law-Based Governance of the CPC Central Committee: "We must improve the planning for the construction of the rule of law, enhance the quality and efficiency of legislative work, guarantee and serve reform and development, create a harmonious and stable social environment, and strengthen the construction of the foreign-related rule of law." At that time, the international situation was becoming increasingly complex, and some Western countries were exerting extreme pressure on China. The General Secretary's important observations demonstrated strategic foresight, guiding the deep advancement of China's foreign-related rule of law construction. In October 2019, the Fourth Plenary Session of the 19th CPC Central Committee made arrangements for strengthening foreign-related rule of law work from the height of persisting in and improving the system of socialism with Chinese characteristics and promoting the modernization of the national governance system and capacity. It proposed improving the system of foreign-related economic and trade laws and rules, and establishing a legal service system for foreign-related work. In February 2020, General Secretary Xi Jinping emphasized while presiding over the third meeting of the Commission for Overall Law-Based Governance of the CPC Central Committee: "We must strengthen cooperation in the field of international rule of law, accelerate the construction of a legal system for the extraterritorial application of our laws, strengthen the research and application of international law, and improve the level of legalization [3] in foreign-related work." In November 2020, facing the tests brought by the global public health crisis and the increasingly severe international situation, General Secretary Xi Jinping coordinated the domestic and international situations and emphasized at the Central Conference on Work Related to Overall Law-Based Governance that "we must persist in coordinating the advancement of domestic rule of law and foreign-related rule of law." This conference explicitly included this coordination as part of the "Eleven Persists" [4] of Xi Jinping Thought on the Rule of Law, making systematic deployments for accelerating the strategic layout of foreign-related rule of law work and coordinately advancing domestic and international governance, elevating the construction of the foreign-related rule of law to an unprecedented height. In December 2021, while presiding over the 35th group study session of the Political Bureau of the 19th CPC Central Committee, General Secretary Xi Jinping proposed "strengthening legislation in foreign-related fields and promoting the construction of a legal system for the extraterritorial application of our country's laws."
In October 2022, in the report to the 20th CPC National Congress, General Secretary Xi Jinping emphasized "strengthening legislation in key areas, emerging areas, and foreign-related areas," making a strategic deployment for the coordinated advancement of domestic and foreign-related rule of law. The important expositions on strengthening foreign-related rule of law became increasingly mature and complete. In November 2023, while presiding over the tenth group study session of the Political Bureau of the 20th CPC Central Committee, the General Secretary made major deployments from the height of better coordinating the domestic and international situations and development and security. These included forming a pattern of great synergy in foreign-related rule of law work, serving high-level opening up, strengthening the cultivation of professional talent and the construction of teams, and telling the story of China's rule of law in the New Era well. The Third Plenary Session of the 20th CPC Central Committee deployed "strengthening the construction of the foreign-related rule of law" as a key task for improving the socialist rule of law system with Chinese characteristics. These important expositions and deployments provide the fundamental follow-through [5] for us to strengthen foreign-related rule of law work on the new journey in the New Era.
Taken as a whole, Xi Jinping Thought on the Rule of Law emphasizes strengthening the construction of the foreign-related rule of law and profoundly answers a series of major theoretical and practical questions. The theoretical logic and practical logic therein are highly unified. It not only creatively puts forward new concepts represented by "the construction of the foreign-related rule of law" and "the foreign-related rule of law system and capacity," along with a new system for precisely demarcating domestic and foreign-related rule of law, while emphasizing their coordinated advancement; it also deeply elaborates on new propositions such as "promoting global good governance through sound international law to help build a community with a shared future for humanity" and "building a foreign-related rule of law system and capacity compatible with the requirements of high-quality development and high-level opening up." These innovations in concepts, propositions, and systems demonstrate that strengthening the construction of the foreign-related rule of law is a crystallization of thought and theory that has gradually matured through the great practice of the New Era.
Major Innovations Responding to Realistic Needs and Containing Profound Concerns
In "Strengthen the Construction of the Foreign-Related Rule of Law," General Secretary Xi Jinping points out: "Strengthening the construction of the foreign-related rule of law is both a long-term necessity for comprehensively advancing the building of a strong country and the great cause of national rejuvenation through Chinese-path modernization, and an urgent task for promoting high-level opening up and responding to external risks and challenges." As a representative achievement of Xi Jinping Thought on the Rule of Law in the foreign-related field, strengthening the construction of the foreign-related rule of law originates from the General Secretary’s scrutiny of and response to the practical needs in the process of Chinese-path modernization, and his concern for and reflection on major issues of the times. It embodies a profound sense of historical responsibility and a great creative spirit, demonstrating powerful practical force in the construction of Chinese-path modernization.
Since the New Era, under the guidance of Xi Jinping Thought on the Rule of Law, the top-level design of China's foreign-related rule of law has been accelerated, the system of foreign-related laws and regulations has been improved, international exchange and cooperation in the legal field have continued to deepen, the level of foreign-related law enforcement, justice, and legal services has been effectively enhanced, and the ranks of foreign-related rule of law workers have grown. The breadth and depth of China's foreign-related rule of law construction have expanded significantly, and the ability to use legal means and methods to safeguard the interests of the state and the people has been remarkably improved.
First, we use a systematic and complete strategic layout of the foreign-related rule of law to respond to increasingly severe foreign-related legal risks under the changes unseen in a century. The rule of law plays an important role in consolidating foundations, stabilizing expectations, and benefiting the long term; it has been widely accepted as a common concept for both national and global governance. Currently, the world’s changes unseen in a century are accelerating, the balance of international power is undergoing profound adjustments, anti-globalization sentiments are rising, local conflicts and turbulence are frequent, and global problems are intensifying. Simultaneously, some Western countries have attempted to contain China's development process by launching trade wars and tech wars. All of these place higher demands on the construction of China's foreign-related rule of law system and capacity, requiring us to actively participate in international rule of law practice through strengthened construction and respond to the international situation according to law. The foreign-related legal system is the foundation of the foreign-related rule of law. General Secretary Xi Jinping proposed "strengthening legislation in key areas, emerging areas, and foreign-related areas," guiding an increase in the depth, breadth, and intensity of such legislation. This has basically formed the "four beams and eight pillars" [6] of the system of foreign-related laws and regulations, further improving the foreign-related rule of law system and providing a guarantee for us to respond to risks and challenges through legal means. Furthermore, Xi Jinping Thought on the Rule of Law also proposes establishing a working mechanism for the integrated advancement of foreign-related legislation, law enforcement, justice, law observance, legal services, and the cultivation of legal talent, forming a pattern of great synergy in foreign-related rule of law work.
Second, we resist international hegemony and bullying and safeguard the multilateral trading system through high-level opening up led by expanded institutional opening up. Comprehensively advancing Chinese-path modernization through high-quality development places higher demands on China's level of opening up. Further raising this level and accelerating the shift from opening up based on the flow of goods and factors to institutional opening up is an inherent requirement for pushing China's economy toward a higher level of openness. In recent years, some Western countries have introduced economic and trade restrictive measures against China, such as additional tariffs, which seriously violate international economic and trade rules and the agreements of various parties. Facing various chaotic phenomena that run counter to the world trend, such as extreme protectionism, China remains unwavering in its commitment to opening up. Xi Jinping Thought on the Rule of Law takes the construction of systems and laws as an important part of enhancing international competitiveness and expanding high-level opening up. It emphasizes the need to steadily expand institutional opening up, enhance the level of trade and investment liberalization and facilitation, and build a new system for a higher-level open economy. It insists on effectively responding to the grim and complex international situation through dialogue, consultation, and mutual benefit, guiding significant progress in China's foreign-related rule of law in economic, trade, and financial fields. In terms of domestic legislation, we have introduced the Civil Code and the Law on the Promotion of the Private Economy, among other laws and regulations, to further guarantee the construction of a market-oriented, law-based, and internationalized first-class business environment. In terms of international practice, we have firmly safeguarded the international economic and trade order, effectively enhanced our capabilities in anti-sanctions, anti-interference, and resisting "long-arm jurisdiction," and China has taken the legal high ground, gradually gaining the initiative in economic and trade negotiations.
Third, we safeguard the interests of the state and the people and open up a new situation in global governance by maintaining the international system and improving the international rule of law. Currently, acts of hegemony, dominance, and bullying, such as unilateralism and protectionism, occur frequently, highlighting the risks of safety and governance deficits in the international community.
"A solitary person finds it difficult to lift a heavy load; many people walking together can easily trend forward [7]." Proceeding from the objective reality of the intertwined destinies and shared weal and woe of all nations, General Secretary Xi Jinping has accurately identified, scientifically responded to, and proactively sought changes amidst the changes unseen in a century. He has proposed the advancement of foreign-related rule of law work with the fundamental goal of using legal methods to better safeguard the interests of the state and the people, promote progress in international rule of law, and drive the building of a community with a shared future for humanity. This profoundly reveals that in foreign-related rule of law work, we must establish a perspective of holistic interests, condense universal consensus, and seek common interests between the Chinese nation and all countries of the world. General Secretary Xi Jinping has also proposed firmly upholding the international system with the United Nations at its core, the international order based on international law, and the basic norms governing international relations based on the purposes and principles of the UN Charter; as well as firmly upholding the multilateral trading system with the World Trade Organization at its core. This clarifies the essential principles for our scientific response to change in the construction of a foreign-related rule of law system. Under the guidance of Xi Jinping Thought on the Rule of Law, China has in recent years scientifically and effectively responded to international shifts, actively adopting diversified measures to intervene in a timely manner against egregious acts that could jeopardize regional peace and stability. While effectively opposing hegemonism and power politics, China has vigorously promoted an equal and orderly multipolar world and a universally beneficial and inclusive economic globalization.
Accelerating the construction of China's foreign-related rule of law system and capacity
In "Strengthening the Construction of the Foreign-Related Rule of Law," General Secretary Xi Jinping pointed out: "On the new journey of building a strong country and national rejuvenation, we must adhere to the correct political direction, and with a more active sense of historical responsibility and creative spirit, accelerate the construction of China's foreign-related rule of law system and capacity." To accelerate this construction, we must coordinate the domestic and international spheres, coordinate development and security, and persist in forward-looking thinking, overall planning, strategic layout, and holistic advancement. We must profoundly recognize and grasp the scientific guiding role of Xi Jinping Thought on the Rule of Law for China's foreign-related rule of law practice, and under its guidance, accelerate the construction of a foreign-related rule of law system and capacity that is compatible with the requirements of high-quality development and high-level opening up.
Adhering to a people-centered approach and systematically advancing foreign-related rule of law work. Adhering to a people-centered approach is a distinctive feature of Xi Jinping Thought on the Rule of Law. This dictates that in accelerating the construction of China's foreign-related rule of law system and capacity, we must maintain the people's standpoint, coordinately advance domestic rule of law and foreign-related rule of law, accelerate the strategic layout of foreign-related rule of law work, and achieve the use of legal methods to safeguard the interests of the state and the people. Foreign-related rule of law work is a systemic project involving a wide range of areas and strong interconnectedness. We must prioritize legislation and simultaneously promote the formulation, revision, abolition, and interpretation of laws. Focusing on new practices and requirements in our foreign-related rule of law work, we should step up specialized foreign-related legislation, focus on improving foreign-related clauses in relevant laws, and promote the construction of a legal system for the extraterritorial application of our laws. Meanwhile, we should employ a comprehensive range of means to enhance the effectiveness of foreign-related law enforcement and justice, vigorously develop foreign-related legal services, improve the level of such services, properly respond to major risks and challenges, and ensure the steady and long-term progress of the cause of the Party and the people.
Constructing a foreign-related rule of law system compatible with the requirements of high-quality development and high-level opening up. This is an inherent requirement for better coordinating high-quality development and high-level opening up, and it is also an important component of strengthening the construction of the foreign-related rule of law. The socialist market economy is, in essence, an economy governed by the rule of law; high-quality development is the "hard truth" [8] of the New Era. In strengthening the construction of the foreign-related rule of law, on the one hand, we must improve the open and transparent system of foreign-related laws and regulations, create a first-class market-oriented, law-based, and internationalized business environment, proactively align with high-standard international economic and trade rules, and steadily expand institutional opening up. This is conducive to better leveraging China's advantages as an ultra-large-scale market, enabling China to carry out all-dimensional, multi-field, and deep-level exchanges and cooperation within its expanding international "circle of friends," and better serving the goal of promoting reform, development, and innovation through opening up via the certainty, enforceability, and leading nature of the rule of law. On the other hand, we must further improve laws and regulations concerning anti-sanctions, anti-interference, and opposing "long-arm jurisdiction," and deepen international cooperation in foreign-related law enforcement and justice. This is conducive to comprehensively enhancing our capacity to safeguard the security of our opening up in accordance with the law, providing protection for the high-quality development of China's economy.
Strengthening confidence in the rule of law and promoting the progress of human legal civilization. Strengthening the construction of the foreign-related rule of law is inseparable from actively explaining the concepts and propositions of foreign-related rule of law with Chinese characteristics. China possesses a long history and a rich culture. Distinctive traits in fine traditional Chinese culture, such as "the people are the foundation of the state" (min wei bang ben), "stressing good faith and cultivating harmony" (jiang xin xiu mu), and "being benevolent to others and being a good neighbor" (qin ren shan lin) [9], have demonstrated their contemporary value and have been continuously enriched and improved in China's practice of participating in international exchanges and promoting international cooperation, injecting cultural strength into China's construction of the foreign-related rule of law. In strengthening the construction of the foreign-related rule of law, China both fully absorbs the rich legal thoughts and profound political wisdom contained in fine traditional Chinese legal culture and extensively draws upon the beneficial achievements of human legal civilization. By upholding the fundamentals and breaking new ground, reflecting Chinese characteristics, and integrating Chinese and foreign theoretical achievements in the foreign-related rule of law, a series of proposals, mechanisms, and systems concerning the new form of human legal civilization and its realization paths have emerged. For example, the establishment of the International Organization for Mediation is an innovative move to build consensus among all parties through dialogue and consultation. The International Organization for Mediation practices the purposes and principles of the UN Charter, absorbs the experience of typical examples such as China promoting the reconciliation between Saudi Arabia and Iran in Beijing, effectively fills the mechanical vacuum in the field of international mediation, and provides an important public product for improving global dispute resolution. To further strengthen the construction of the foreign-related rule of law, we must maintain confidence in our rule of law, strengthen research on frontier topics in foreign-related rule of law theory and practice, and construct a foreign-related rule of law theoretical and discourse system with Chinese characteristics that integrates Chinese and foreign perspectives. We must continuously enhance China's ability to participate in and shape global governance through legal means, promote the development of a new form of human civilization and the dissemination of the concept of a community with a shared future for humanity, and contribute to the progress of international rule of law.
(The author is the Dean of the Law School at Peking University) Source: People's Daily (October 29, 2025) Web Editor: Hui Hui