2016-中国促进国际法治报告-英文

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作者：肖永平,冯洁菡主编

出版社：社会科学文献出版社

本类榜单：社会科学

分类：社会科学 > 社会科学总论

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ISBN：9787520115797
装帧：暂无
册数：暂无
重量：暂无
开本：32开
页数：226
出版时间：2017-11-01
条形码：9787520115797 ; 978-7-5201-1579-7

内容简介

　　《中国促进国际法治报告（2016 英文版）》旨在系统梳理近年来国际法治的新发展，着重阐述中国在国际法治的各个重要领域所表明的理念、坚持的原则与立场和采取的具体行动，系统展示了中国对促进国际法治做出的重要贡献。《中国促进国际法治报告（2016 英文版）》由两部分构成，**部分为中国与国家间关系法治，中国与国际经济关系法治，中国与国际民商事法治，以及中国国际法理论与实践的国际传播；第二部分集中深入梳理2016年中国在国际法某些特定领域的理论创新、制度构建和新实践。

Part Ⅰ China's Practice in Promoting International Rule of Law
Chapter 1 Rule of Law and Relations among States
Section One China and International Environmental Rule of Law
Ⅰ China's Contribution to International Environmental Legislation
Ⅱ China's Contribution to International Environmental Enforcement
Ⅲ Suggestions for China's Future Participation in International Environmental Rule of Law
Section Two China and International Rule of Law in Development
Ⅰ Submission of China's Position Paper on Post-2015 Development Agenda
Ⅱ Formulation of Sustainable Development Action Plan
Ⅲ Commemoration of 30th Anniversary of Adoption of the United Nations' Declaration on the Right to Development
Ⅳ Conclusion
Section Three China and International Rule of Law in Air and Outer Space
Ⅰ China's Contribution to Air Law
Ⅱ China's Contribution to the Law of Outer Space
Section Four China and Rule of Law in Cyberspace
Ⅰ Overview
Ⅱ Development in 2016
Ⅲ Summary and Prospect
Section Five China and International Human Rights Law
Ⅰ Regarding Rights to Live and Development as the Primary Basic Human Rights
Ⅱ Promoting Communication and Cooperation of Human Rights Based on the Principle of Equality
Ⅲ Respecting Function and Implementation of International Human Rights Instruments
Ⅳ Advancing Global Governance of Human Rights from Different Levels
Section Six China and International Humanitarian Law
Ⅰ Participating in Reviews and Consultations on International Humanitarian Law Issues
Ⅱ Promoting Domestic Dissemination of International Humanitarian Law and Implementing Humanitarian Assistance Comprehensively
Section Seven China and International Criminal Law
Ⅰ Engaging in Institutional Construction of International Criminal Law
Ⅱ Enhancing International Criminal Judicial Cooperation
Section Eight China and International Rule of Law in Other Fields
Ⅰ China and International Energy Law
Ⅱ China， Law of the Sea and International Rules of Territory and Borders
Ⅲ China and State Immunity
Ⅳ China and International Legal Responsibility
Ⅴ China and Law of Nationality， Treatment of Aliens and Refugees
Ⅵ China and Law of Extradition and Asylum
Ⅶ China and Law of Diplomatic Relations
Chapter 2 Rule of Law and International Economic Relations
Section One China and the Rule of Law in International Trade
Ⅰ Introduction
Ⅱ Legislative Activities
Ⅲ Administrative Enforcement of Foreign Trade Laws and Regulations
Ⅳ Judicial Performance in Foreign Trade
Section Two China and International Taxation Law
Chapter 3 Rule of Law and International Civil and Commercial Affairs
Ⅰ China and the Applicable Law
Ⅱ China and International Civil Litigation
Ⅲ China and International Civil Judicial Assistance
Ⅳ China and International Rule of Law in Food Security
Ⅴ China and Unification of Private International Law in 2016
Chapter 4 Overseas Dissemination of China's Position and Practice in International Law
Section One Dissemination of China's Perspectives on Public International Law
Ⅰ Principles of Public International Law
Ⅱ Academic Activities on South China Sea Issue
Ⅲ The "Belt and Road" Initiative
Ⅳ Climate Change
Ⅴ Protection of Human Rights
Ⅵ Cyber Space
Section Two International Dissemination of China's International Economic Law
Ⅰ China's International Economic Law Scholars
Ⅱ Forums
Section Three Dissemination of China's Perspectives on International Economic Law Conferences Convened by the China Society of Private International Law
Ⅱ Other Conferences

Part Ⅱ Reports on Special Topics
Chapter 5 China and Community of Shared Future for Mankind
Ⅰ Proposition and Connotations of a Community of Shared Future for Mankind
Ⅱ Origin of Concept of a Community of Shared Future for Mankind in Chinese Traditional Culture
Ⅲ Aims and Significance of a Community of Shared Future for Mankind
Ⅳ China's Basic Standpoint and Policy Choice for Building a Community of Shared Future for Mankind
Ⅴ China's International Practices of a Community of Shared Future for Mankind
Ⅵ International Community's Acceptance of the Concept
Chapter 6 The "Belt and Road" Initiative and Enhancing International Credibility of Chinese Judiciary
Ⅰ Fostering Judicial Ideology of a Major Country
Ⅱ Improving Judicial System
Ⅲ Innovating Judicial Methods
Ⅳ Promoting Inclusive Judicial Culture
Ⅴ Conclusion

Chapter 7 Issues Relating to the Historic Rights in the South China Sea Arbitration： A Critique by International Law
Ⅰ Argument of the Tribunal on Submissions Relating to Historic Rights
Ⅱ Identification of China's Historic Rights Claims and Jurisdiction Issues
Ⅲ The Award on Interaction between Historic Rights and UNCLOS Is Contrary to General Intemational Law Theory and Intemational Practice
Ⅳ The Tribunal Distorts China's Historic Rights in the South China Sea
Ⅴ Conclusion
Chapter 8 Towards a Great Power of International Law in Cyberspace
Ⅰ International Competition on Crafting Relevant Intemational Rules Has Become a Focal Issue in Cyberspace
Ⅱ Building a Great Power of Intemational Law in Cyberspace Is an Important Cornerstone for Building China into a Cyber Power
Ⅲ Opportunities and Challenges Faced by China in Building a Great Power of International Law in Cyberspace
Ⅳ Solutions for Building a Great Power of Intemational Law in Cyberspace
Chapter 9 Study on Expiration of Paragraph 15 (a)(ii) of China's Accession Protocol
Ⅰ Genesis and Status Quo of China's Market Economy Status Issue
Ⅱ Legal Effects of Expiration of Paragraph 15(a)(ii) of China's Accession Protocol
Ⅲ Suggestions for the Chinese Government
Chapter 10 International Law and Practice Concerning Corruption and Pursuing Fugitives and Illegal Assets
Ⅰ Introduction
Ⅱ Multilateral Conventions that China Acceded to
Ⅲ Bilateral Treaties that China Concluded
Ⅳ Chinese Government's Practice
Ⅴ Conclusion

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节选

　　China always complies with the United Nations Declaration on the Right to Development (the Declaration) as an active advocate and an essential enabler. On 4 December 2016, the letter given by President Xi Jinping to the International Symposium on the 30th anniversary for adopting the United Nations Declaration on the Right to Development states that: "Development is an eternal theme for the human race. The UN declaration affirms that the right to development is an inalienable human right...China regards development as the key to solving all problems and the primary task for the Communist Party of China in governing and rejuvenating the country. China insists on a combination of the principle of universality of human rights and the nation's actual conditions, and insists that the rights to live and development are primary basic human rights. For years China has put the people first during its development, increasing their benefits, ensuring the people are their own masters and supporting development in an all-round way. These are both the starting points and the goals of development. China has effectively safeguarded the people's right to development and carved out a human rights development path with C,hinese characteristics. China has actively participated in global governance and made great efforts to promote inclusive development, striving to create conditions and opportunities for all countries, especially developing countries, so that they may share the fruits of evelopment. On 5 December 2016, Beijing Proposal was adopted, and it states that the right to development is a universal and inalienable general human right, and that the guarantee of the right to development is manifested in the realization of economic, social, cultural and environmental rights, and also in the acquirement of civil and political rights. The intemational community should therefore attach equal importance to the promotion and protection of economic, social, cultural and environmental rights as well as civil and political rights. The right to development is an individual as well as a collectiv right. Governments are obliged to keep improving conditions to facilitate the development of all nations and individuals, and the right to development requires sustainability. Countries, societies and individuals should all bear obligations and responsibilities for sustainable development. To realize and guarantee the right to development, they need to conform to the concept of balanced and sustainable growth, and promote harmony between man and nature, economy and society,　　……

作者简介

　　XIAO Yongping, PhD in law, Cheung Kong Scholars Distinguished Professor. now acts as director of Internationai Law Institute (a national Think Tank) at Wuhan University, also holds as standing vice- chairman of China's Society of Private International Law. standing director of China Law Society, member of International Law Committee of Ministry of Foreign Affairs of PRC, member of Advisory Committee of Supreme People's Procuratorate of' PRC, part-time research fellow on the "Belt and Road" Initiative of the Supreme People's Court of PRC, member of review group of National Social Science Fund, and editor-in-chief of WHU' International Law Review. He has published over 170 academic articles and more than 20 academic monographs and textbooks on private international law, arbitration law, and international civil litigation. Some research achievements have got the first class award for legal textbooks and been listed as academic achievements by the Ministry of Justice and the Ministry of Education in China. He was honored as the "Top-Ten Outstanding Young Jurists of China" by Chinese Society of Law in 2010, the "Outstanding Teacher of China" by BAOGANG Education Fouridation in 2015, and the "cultural master" or the leader in the fields of philosophy and social science by the Propaganda Department of the CentraJ Committee of the CPC.

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