National Conference on Organizational Work - Explanations of Law on Foreign Relations - Measures for Institutional Opening of FTZs & FTPs - Joint Statements with Vietnam & NZ - China-Africa Trade Expo
Here are the key reports and articles that I found noteworthy from the People’s Daily's edition on Friday, June 30, 2023.
Page 1: The top story is about the national conference on organizational work being held in Beijing on Wednesday and Thursday. Xi Jinping did not attend the conference, but he did send a message. Also note that tomorrow is the 102nd anniversary of the founding of the Communist Party. In fact, one of the lead pieces is a feature article on this, which I didn’t find particularly interesting.
Anyway, in his instructions, Xi said:
“Since the 18th Party Congress, the Party Central Committee has adhered to and strengthened the Party's overall leadership, insisted that the Party should govern itself strictly and comprehensively, and put forward and implemented a series of new ideas, new concepts, and new strategies, thereby opening up a new realm of self-revolution of the century-old Party. Party committees and their organisational departments at all levels have thoroughly implemented the decision-making and deployments of the CPC Central Committee. They have closely focused on the theme of comprehensive and strict Party governance. Taking the Party's political construction as the guide, they have done a solid job in theoretical arming of the Party, selection and appointment of talents, consolidating the Party's foundation, and nurturing talents. This has made positive contributions to building a moderately prosperous society and starting a new journey of building a socialist modern country in an all-round way.” 党的十八大以来,党中央坚持和加强党的全面领导,坚持党要管党、全面从严治党,提出并实施一系列新理念新思想新战略,开辟了百年大党自我革命新境界。各级党委及其组织部门深入贯彻落实党中央决策部署,紧紧围绕全面从严治党主题主线,以党的政治建设为统领,扎实做好理论武装、选贤任能、强基固本、育才聚才各项工作,为全面建成小康社会、开启全面建设社会主义现代化国家新征程作出了积极贡献.
Xi Jinping emphasized that to fulfil the mission and tasks of the Party in the new era and on the new journey, the Party's construction and organizational work must assume new responsibilities and make new achievements. The key points he made:
It is necessary to adhere to the guidance of the (Xi Jinping) Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 20th Party Congress; profoundly understand the important thoughts of the CPC Central Committee on Party building; thoroughly implement the general requirements and organizational line of Party building in the new era; and further promote the new great project of Party building in the new era.
It is necessary to uphold and strengthen the centralized and unified leadership of the CPC Central Committee as the highest principle
Take being loyal to the Party and protecting the Party, and making every effort to strengthen the Party as the fundamental mission
Take solving the unique problems of a big party and improving the system of comprehensive and strict party governance as major tasks
Unremittingly use the Party’s innovative theory to unify the whole Party in thought, will and action
Continuously implement a strong organisational system; strive to build a contingent of competent key officials for governance that are capable of shouldering the mission of national rejuvenation
习近平强调,实现党在新时代新征程的使命任务,党的建设和组织工作要有新担当新作为。要坚持以新时代中国特色社会主义思想为指导,全面贯彻党的二十大精神,深刻领会党中央关于党的建设的重要思想,深入落实新时代党的建设总要求和新时代党的组织路线,深入推进新时代党的建设新的伟大工程,以坚持和加强党中央集中统一领导为最高原则,以忠诚为党护党、全力兴党强党为根本使命,以解决大党独有难题、健全全面从严治党体系为重大任务,坚持不懈用党的创新理论统一全党思想意志行动,不断严密上下贯通、执行有力的组织体系,着力建强堪当民族复兴重任的高素质执政骨干队伍,加快建设世界重要人才中心和创新高地,持续深化模范部门和过硬队伍建设,不断提高组织工作质量,为更好地以党的伟大自我革命引领伟大社会革命,推进强国建设、民族复兴伟业提供坚强组织保证。
Cai Qi and Li Xi were the PBSC members in attendance. Cai spoke at the meeting.
He praised Xi’s remarks as being “visionary, far-reaching, and possessing strong political, ideological, and guiding significance.” He added that they have “provided clear guidance for the Party's construction and organizational work” and must be “deeply studied, understood and implemented.” He added that “the breakthrough progress and structural changes in the Party's construction and organizational work in the new era are fundamentally because of the leadership of General Secretary Xi Jinping's and the guidance with his Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, which fully demonstrates the decisive significance of ‘two establishments’.” 蔡奇在讲话中指出,习近平总书记重要指示高屋建瓴、立意深远,具有很强的政治性、思想性、指导性,为做好党的建设和组织工作指明了前进方向。我们要深入学习领会、认真贯彻落实。蔡奇强调,新时代十年党的建设和组织工作取得突破性进展、发生格局性变化,根本在于有习近平总书记领航掌舵、有习近平新时代中国特色社会主义思想科学指引,充分彰显了“两个确立”的决定性意义.
Xinhua English has the next bit: “Xi's important thought on Party building highlights the Party's full and rigorous self-governance, and has greatly enriched and developed the Marxist theory of Party building, Cai said. Cai called for long-term adherence to and full implementation of Xi's important thought on Party building.” He then called for some specific actions:
Improve the long-term mechanism of theoretical education and training for Party members and cadres, and unremittingly use Xi’s thought to gather hearts and forge the soul.
Build a team of high-quality cadres who can take on the important task of national rejuvenation.
Focus on achieving self-reliance in high-level science and technology and strengthen talent support for modernization.
Focusing on promoting high-quality development and innovating social governance, strengthen the political and organizational functions of grassroots Party organizations
Adhere to strict management of party members and comprehensively improve the quality of party members
Organizational departments at all levels should strive to build exemplary departments that prioritize political awareness, fairness, professionalism, and good work style.
Party committees at all levels should strengthen their leadership over organizational work and create conditions for the organizational departments to carry out their work.
完善党员、干部理论教育培训长效机制,坚持不懈用习近平新时代中国特色社会主义思想凝心铸魂。适应党和国家事业发展需要,建设堪当民族复兴重任的高素质干部队伍。着眼实现高水平科技自立自强,强化现代化建设人才支撑。围绕推动高质量发展、创新社会治理,增强基层党组织政治功能和组织功能。坚持从严管理党员,全面提高党员队伍素质。各级组织部门要努力建设讲政治、重公道、业务精、作风好的模范部门。各级党委(党组)要加强对组织工作的领导,为组织部门开展工作创造条件.
Li Ganjie made the concluding speech. He called on everyone to “thoroughly study and implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially the important thoughts on party building, conscientiously implement the important instructions of General Secretary Xi Jinping, firmly support the Two Establishments and resolutely achieve the two safeguards; continue to strengthen the Party's innovative theoretical armament, optimize the selection and cultivation of cadres, comprehensively train and effectively utilize talents, strictly and practically do a good job in the construction of party members, improve the overall effectiveness of the Party's organizational system, and provide a strong organizational guarantee for the building of a strong country and the great cause of national rejuvenation. 中共中央政治局委员、中央组织部部长李干杰作总结讲话,表示要深入学习贯彻习近平新时代中国特色社会主义思想特别是关于党的建设的重要思想,认真落实习近平总书记重要指示,坚定拥护“两个确立”、坚决做到“两个维护”,持续加强党的创新理论武装,优化干部选育管用工作,全方位培养引进用好人才,从严从实抓好党员队伍建设,提升党的组织体系建设整体效能,为强国建设、民族复兴伟业提供坚强组织保证。
Next, there is a report on the State Council’s Executive Meeting. Xinhua English’s report on this has the key details:
The meeting deliberated and adopted measures to promote home appliances consumption, noting that these measures should be coordinated with those related to areas such as the renovation of old urban residential communities, the elderly friendly renovation of residential buildings, and the optimization of the country's recycling network.
The meeting deliberated and adopted a draft regulation on consular protection and assistance, calling for efforts to enhance capacity to ensure overseas security and accelerate the establishment of an overseas security and protection system to better protect the lawful rights and interests of Chinese citizens and legal entities overseas.
The meeting also discussed draft revisions of laws on public security administration punishments; this will be submitted to the Standing Committee of the NPC for deliberation.
The other key discussion point was the restaurant gas explosion that occurred on June 21 in northwest China's Ningxia Hui Autonomous Region. In this regard, the meeting called for:
Implementing Xi’s instructions and directives on work safety and further strengthen the investigation, rectification, and management of major production risks and hidden dangers of accidents
Address weaknesses in facilities, equipment, and the environment, as well as human errors
In key industries such as fuel gas, construction and transportation, measures should be taken to both tackle current prominent problems and lower risks at the source
Clarify and implement relevant responsibilities of work safety throughout the entire chain. All regions and relevant departments should take measures, ensuring strict oversight without going through the motions, eliminating loose and lax enforcement
Effectively transfer responsibilities and pressure to the grassroots level, ensuring that the investigation and rectification efforts can identify and solve problems, leading to tangible results.
要深入贯彻落实总书记关于安全生产的重要指示批示精神,进一步强化安全生产重大风险和事故隐患排查整治,以“时时放心不下”的责任感,抓实抓细工作落实,有效防范重特大生产安全事故发生,切实保障人民群众生命财产安全。要紧抓主要矛盾,既查设施设备环境“硬伤”,更补人为因素“软肋”,大力推动公众安全意识和从业人员安全责任、安全技能提升。要强化标本兼治,针对燃气、建筑施工、交通运输等重点行业领域,在抓紧解决当前突出问题的同时,从源头上降低安全风险,避免隐患常治常存、事故屡禁不止。要围绕“一件事”全链条明确、分解、落实安全生产的相关责任,各地区各有关部门要拿出严、实、细的举措,严格监管、不走过场,杜绝执法“宽松软虚”,切实把责任和压力传导到基层末梢,确保排查整治能够发现问题、解决问题、见到实效.
Also on the page is a report on the State Council approving the new measures for promoting the institutional opening up of qualified FTZs and FTPs. The measures focus on six aspects: goods trade, services trade, temporary entry of business personnel, digital trade, business environment, and risk prevention and control.
In goods trade, the measures cover: Conducting pilot projects for the import of remanufactured products in key industries, exempting from tariffs aircraft and vessels temporarily exported for repair and re-imported into the Hainan Free Trade Port, temporarily exempting specific goods from import tariffs and import value-added tax and consumption tax, making prompt decisions on extension applications before the expiration of pre-determination validity periods, and supplier's self-declaration shall be implemented to meet the relevant standards of imported information technology equipment products.
In services trade, they cover: in accordance with the principle of consistency between domestic and foreign rules ensuring that the financial management department will make a decision within 120 days on the application of financial institutions to carry out relevant financial services; foreign-funded financial institutions to carry out new financial services similar to those of Chinese-funded financial institutions, permitting relevant enterprises and individuals to legally purchase certain types of overseas financial services, and establishing and improving procedures for the evaluation and assessment of overseas professionals' capabilities.
Allowing the spouses and family members accompanying experts transferred within foreign-funded enterprises to enjoy the same entry and temporary stay period as the experts, and relaxing the entry and temporary stay period of senior managers of relevant foreign enterprises and accompanying spouses and family members.
In digital trade, the measures cover: perfecting the system for protecting the rights and interests of consumers in online business activities, and prohibiting relevant departments and their staff from requiring the transfer or acquisition of mass market software source code as a condition for import sales. (Comment: In his Twitter thread, Henry Gao explains that this is a key obligation under the CPTPP, and an example of China harmonising systems to join the deal.)
In terms of business environment, the measures cover areas such as government procurement, intellectual property rights, competition policy, and environmental protection.
Finally, in terms of risk prevention and control, the measures cover establishing and improving major risk identification and systemic risk prevention systems, improving the safety assessment mechanism, strengthening risk prevention and resolution, implementing risk prevention and control responsibilities, and strengthening supervision before and after the event.
一是推动货物贸易创新发展。包括开展重点行业再制造产品进口试点、对暂时出境修理后复运进入海南自由贸易港的航空器和船舶免征关税、特定货物临时入境暂不缴纳关税及进口环节增值税和消费税、预裁定有效期届满前从速对展期申请作出决定、对进口信息技术设备产品符合的相关标准实施供方自我声明等措施。二是推进服务贸易自由便利。包括按照内外一致原则金融管理部门于120天内就金融机构申请开展相关金融服务作出决定、允许外资金融机构开展与中资金融机构同类的新金融服务、相关企业和个人可依法跨境购买一定种类的境外金融服务、建立健全境外专业人员能力评价评估工作程序等措施。三是便利商务人员临时入境。包括允许外商投资企业内部调动专家的随行配偶和家属享有与该专家相同的入境和临时停留期限、放宽相关外国企业高级管理人员及随行配偶和家属入境和临时停留期限等措施。四是促进数字贸易健康发展。包括健全完善线上商业活动消费者权益保护制度、有关部门及其工作人员不得要求转让或获取大众市场软件源代码作为进口销售的条件等措施。五是加大优化营商环境力度。包括政府采购、知识产权、竞争政策、环境保护等领域优化营商环境的具体措施。六是健全完善风险防控制度。包括建立健全重大风险识别及系统性风险防范制度、健全安全评估机制、强化风险防范化解、落实风险防控责任、加强事前事中事后监管等措施.
Next, there’s a report on Vice President Han Zheng’s remarks at the third China-Africa Economic and Trade Expo, which opened in Changsha on Wednesday. There are around 1500 exhibitors at the expo. Han said that the expo is “a major cooperation measure with Africa personally approved by President Xi Jinping.”
He added that “in today's world, multiple challenges and crises are intertwined and the development gap is widening. China is willing to provide new opportunities for Africa through Chinese-style modernisation and the high-quality development of China, and push forward China-Africa practical cooperation. China firmly supports Africa's independent development path, will further promote China-Africa cooperation in building BRI, continue to deepen docking of its development strategy with those of African countries, strengthen cooperation in industrial and supply chains, focus on improving connectivity, jointly focus on sustainable development, firmly promote open development, and promote the construction of a closer community of destiny between China and Africa.” 韩正指出,当今世界,多重挑战和危机交织叠加,发展鸿沟不断拉大。中方愿以中国式现代化和中国高质量发展为非方提供新机遇,推动中非务实合作走深走实。中方坚定支持非洲走独立自主的发展道路,将深入推进中非共建“一带一路”合作,同非洲国家持续深化战略对接、加强产业链供应链合作、着力提升联通水平、共同聚焦可持续发展、坚定推进开放发展,推动构建更加紧密的中非命运共同体.
Xinhua adds that China is Africa's largest trading partner and its fourth-biggest source of investment. Official data shows that bilateral trade between China and Africa totaled 282 billion U.S. dollars in 2022. Another report informs that the China-Africa Trade Index, based on trade-indicator data between China and African countries, was released for the first time at the opening of the expo. The general index of data in the year 2000 is set as the benchmark, starting from 100 points. It reached a record high of 990.55 points in 2022. The index serves as a ‘barometer’ of bilateral trade. In addition to the overall index, there are five first-level indicators such as trade scale, closeness, structure, potential and main-body vitality. China's trade with Africa rose from less than 100 billion yuan in 2000 to 1.88 trillion yuan in 2022, posting a cumulative increase of more than 20 times, with an average annual growth rate of 17.7 percent. In the first five months of 2023, China’s total import and export volume with Africa reached 822.32 billion yuan (113.5 billion U.S. dollars), up 16.4 percent year on year.
Finally, there’s a report (English report) on Zhao Leji’s comments at the third meeting of the Standing Committee of the 14th National People's Congress. Zhao said that:
“NPC deputies should earnestly study and comprehend Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, learn and understand the Party Central Committee's major policies, decision-making arrangements, and constitutional and legal knowledge; they should improve political standing, professional competence, and legal literacy, and give full play to the NPC’s role in legislative work, and contribute wisdom to improving the quality of legislation and doing a good job in legislative work in the new era.” 他强调,人大代表要认真学习领会习近平新时代中国特色社会主义思想,学习领会党中央大政方针、决策部署和宪法法律知识,提高政治站位、专业水平和法律素养,充分发挥在立法工作中的作用,为提高立法质量、做好新时代立法工作贡献智慧力量.
He said that the preparation and implementation of the legislative plan for the year is a reflection of the Party's strengthened leadership over legislative work, the starting point for the NPC to play a leading role in legislative work, and facilitates the process of absorbing public opinion and gathering together people’s wisdom. He emphasized the need to carry out the mass line and ensure that the people's expectations are reflected in the law.
Zhao added:
“During the first session of the 14th NPC, 268 of the 271 motions put forward by deputies were about legislation and amendment of laws. Many of the deputies' suggestions also involve legislative work. It is necessary to carefully study and absorb the contents of deputies' bills and suggestions and ensure that the insights of deputies are reflected in the drafting of legislative plans and the revision of draft laws. It is necessary to expand the breadth and depth of deputies' participation in the legislative work of the Standing Committee, and actively invite representatives, especially grassroots representatives, to participate in all aspects of legislative research, drafting, argumentation, deliberation and evaluation, and listen to their opinions through multiple channels. Through the full participation of representatives in the legislative work of the Standing Committee, we will improve the level of scientific legislation, democratic legislation and legislation according to law, and ensure that the laws formulated and revised are in line with reality, reflect public opinion and work effectively.” 十四届全国人大一次会议期间,代表提出的271件议案中,有268件是关于立法、修法的;代表建议也有许多涉及立法工作。要认真研究吸纳代表议案、建议的内容,把代表的真知灼见体现到立法规划编制和法律草案修改中。要拓展代表参与常委会立法工作的广度和深度,在立法调研、起草、论证、审议、评估等各环节工作中,主动邀请代表特别是基层代表参与,多渠道听取代表意见。通过代表对常委会立法工作的全程参与,提高科学立法、民主立法、依法立法水平,确保制定和修改的法律符合实际、体现民意、有效管用.
At the same time, he called on the NPC deputies to conduct in-depth investigations at primary levels and integrate the requirements of actual situations and the public's aspirations in their proposals, suggestions, and speeches.
Page 2: In yesterday’s paper, we had the publication of the joint statement issued between China and New Zealand. Today, we also have the joint statement between China and Vietnam. I’ll quickly summarise the key points from both of these:
First, China-NZ joint statement:
The two sides agreed to build on the 50th anniversary of diplomatic relations to strengthen high-level contacts, reinforce cooperation, build understanding, and manage differences. The two sides reaffirmed their commitment to respecting each other's sovereignty and territorial integrity in accordance with the UN Charter. New Zealand reaffirmed its commitment to its one-China policy.
Both sides undertook to build on recent dialogues in the areas of foreign affairs, trade and economics, and defence, and agreed to strengthen cooperation in various fields, including food safety, agriculture, customs and trade facilitation, science and innovation, and law enforcement.
China and New Zealand welcomed the entry into force in 2022 of the Upgrade Protocol to the China-New Zealand Free Trade Agreement which modernises and expands on the original agreement. Both sides also undertook to commence the process for negotiations on a 'negative list' services framework later in 2023. The two sides noted their intention to strengthen bilateral trade, and expand cooperation in areas such as e-commerce, trade in services, green economy, and promote the establishment of a dialogue mechanism on new energy vehicles. Both sides agreed to maintain communication on Belt and Road Initiative cooperation.
The two sides affirmed the importance of upholding the rules-based multilateral trading system, with the World Trade Organization (WTO) at its core, keeping the world economy open and inclusive, and maintaining resilient global supply chains. The two sides are committed to working together to deliver concrete outcomes at the WTO Thirteenth Ministerial Conference (MC13), including in relation to the dispute settlement system, fish subsidies, agriculture, and supporting the necessary reform of the WTO to improve all of its functions.
New Zealand welcomes China's application to join the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and noted the requirement for aspirant economies to demonstrate that they can meet the high standards of this agreement. On the Digital Economy Partnership Agreement (DEPA), New Zealand welcomes ongoing in-depth discussions taking place in the Accession Working Group for China process.
The statement also includes the list of agreements that were signed between the two sides.
Second, the China-Vietnam joint statement says that Prime Minister Pham Minh Chinh met with Xi, Li, Zhao Leji, and Wang Huning. The meetings took place in a “friendly, candid, and trustful atmosphere.”
The two sides have informed each other about the situation of their respective parties and countries, engaging in in-depth discussions and reaching important shared understandings on deepening the Vietnam-China comprehensive strategic cooperation in the new context; as well as on international and regional issues of mutual concern.
Both sides agreed to continue effectively implementing the joint statement on further deepening the comprehensive strategic cooperative partnership between Vietnam and China, which was issued during Vietnamese Party General Secretary Nguyen Phu Trong's visit to China last year. They agreed to maintain high-level exchanges and strengthen party-to-party, government-to-government, and parliamentary exchanges between countries. They agreed to enhance mutual learning and exchange experiences in promoting the cause of socialism building and seeking distinctive modernisation paths in each country. They vowed to promote the overall coordination role of the Vietnam-China steering committee for bilateral cooperation in deepening exchanges and collaboration in such key areas as diplomacy, defence, law enforcement, trade and economy, and culture.
Vietnam appreciates China’s initiatives on building a community with a shared future for mankind, GDI, GSI and GCI and both sides will engage in in-depth discussions on specific measures to implement these initiatives. 越方赞赏中方提出的人类命运共同体、全球发展倡议、全球安全倡议和全球文明倡议,双方将深入探讨落实上述倡议的具体举措。
Both sides agreed to actively promote the alignment of their development strategies, accelerate high-quality Belt and Road cooperation, strengthen connectivity of border roads and railways, build a multi-modal and efficient logistics system, ensure smooth flow at border ports, accelerate the upgrading and connectivity of ports, promote cooperation in smart ports, and accelerate the integration and development of industrial and supply chains. The two sides will strengthen exchange and mutual learning between state-owned enterprises, and actively explore strengthening cooperation in key mineral areas. Vietnam will continue to provide a favourable business environment for Chinese enterprises investing and doing business in Vietnam. 四、双方同意积极推进两国发展战略对接,加快推进高质量共建“一带一路”合作,加强边境公路、铁路联通,打造多元、高效、强韧物流通道体系,保障边境口岸畅通,加快口岸开放升格和设施联通,推进智慧口岸合作,加快实现产业链供应链融合发展。加强国企交流互鉴,积极探讨加强双多边关键矿产领域合作。越方将继续为中国企业在越投资兴业营造良好营商环境.
The two sides will strictly implement the relevant important consensus reached by the leaders of the two parties and countries and the agreement on basic principles guiding the settlement of maritime issues, properly control maritime differences, strengthen maritime cooperation and safeguard peace and stability in the South China Sea. The two sides agreed to continue to promote the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea, and to reach a substantive and effective Code of Conduct in the South China Sea at an early date on the basis of consensus, which is in line with international law, including UNCLOS. 双方将严格落实两党两国领导人达成的有关重要共识和《关于指导解决中越海上问题基本原则协议》,妥善管控海上分歧,加强海上合作,维护南海和平稳定。双方同意继续推动全面有效落实《南海各方行为宣言》,在协商一致基础上,早日达成实质、有效、符合包括《联合国海洋法公约》在内国际法的“南海行为准则”.
The Vietnamese side has always firmly adhered to the One-China policy (一个中国政策), reaffirmed that Taiwan is an inalienable part of the Chinese territory, resolutely opposed any form of ‘Taiwan independence’ separatist activities, and refused to develop any form of official relations with Taiwan. (Interestingly, VNA’s translation of the document says the Vietnam adheres to the one-China principle) 越方一贯坚定奉行一个中国政策,重申台湾是中国领土不可分割的一部分,坚决反对任何形式的“台独”分裂活动,不同台湾发展任何形式的官方关系。
The two sides maintain that all countries should conduct exchanges and cooperation on human rights issues on the basis of equality and mutual respect, promote international dialogue and cooperation in the field of human rights, and resolutely oppose the politicization of human rights issues.双方主张,各国在平等和相互尊重的基础上就人权问题开展交流和合作,推动在人权领域加强国际对话与合作,坚决反对将人权问题政治化.
During the visit, the two premiers witnessed the signing of cooperation documents in market supervision, smart border gate development, and less-sensitive sea-related fields.
Next on the page is a report on the briefing about the 2023 China Internet/Cyber Civilization Conference. This will be held in Xiamen on July 18 and 19.
Xinhua says that the conference “will consist of a main forum, a forum on developing integrity in cyberspace, 12 sub-forums, and a series of themed events, The sub-forums will cover topics such as content development, law-based governance in cyberspace, data security, the protection of personal information in cyberspace, and the management of algorithms, international exchanges, digital charity and cultural tourism development. The two-day event aims to build a platform to present China's ideas for internet civilization, promote experience exchanges and mutual learning, and display related achievements.”
Page 3: Three reports to note. First, Wang Yi met with Amina Mohammed, Deputy Secretary-General of the United Nations, in Beijing. Xinhua says:
“China firmly supports the central role of the UN in international affairs, firmly advocates and practices genuine multilateralism, and firmly upholds the basic norms governing international relations based on the purposes and principles of the UN Charter, Wang said. Wang said that China has put forward the Global Development Initiative, the Global Security Initiative and the Global Civilization Initiative to address the deficits in peace, development, security and governance that the world is facing today. He said this is a response to the most common and urgent aspirations of developing countries and reflects China's responsibility as the largest developing country.”
“Mohammed said that “the UN appreciates and supports China's important initiatives such as the Belt and Road Initiative and the Global Development Initiative, said Mohammed. ‘In the face of many global challenges, we must adhere to multilateral partnerships and look to China for leadership to jointly find solutions’.” — (Comment: She didn’t endorse GSI or GCI)
A very brief report on ILD chief Liu Jianchao meeting with the Mongolian PM, and finally a report (English report) on Peng Liyuan’s comments at the China-Africa Women's Forum.
Page 6: Yesterday, I shared some thoughts on the new foreign relations law that has been approved by the NPCSC. In yesterday’s paper, Wang Yi had an article discussing the law, and today, we have an explanation on the law by the person in charge at the NPC’s Legislative Affairs Commission.
Let’s begin with Wang Yi’s explanation. Wang said that the law represented an important achievement of enhancing the level of rule of law in foreign affairs work; it is also a major step towards accelerating the overall layout of legal work in foreign affairs, improving the construction of the legal system in foreign affairs, and enhancing the systematic and coordinated nature of foreign-related legislation. 提高对外工作法治化水平的重要成果,也是加快涉外法治工作整体布局,完善涉外法治体系建设,增强涉外立法系统性、协同性的重大举措。
He said that China’s over the years, “national strength and international influence have increased significantly, and its relations with the world have undergone unprecedented and profound changes. Under the strong leadership of the Communist Party of China, we are vigorously promoting and expanding Chinese-style modernization, becoming the mainstay of maintaining world peace and stability and the main driving force for global economic growth. At the same time, the major changes in the world unseen in a century are accelerating, the balance of international power is being profoundly adjusted, the international structure and order are undergoing complex changes, and the world has entered a new period of turmoil and change. China’s development is facing a more complicated international situation, wherein the role of the rule of law in developing foreign relations and safeguarding national interests has become more prominent.” 我国综合国力和国际影响力显著提升,同世界关系发生前所未有的深刻变化。在中国共产党坚强领导下,我们大力推进并拓展中国式现代化,成为维护世界和平稳定的中流砥柱、促进全球经济增长的主要动力。同时,世界百年未有之大变局加速演进,国际力量对比深刻调整,国际格局和秩序复杂演变,世界进入新的动荡变革期。我国发展面临更加错综复杂的国际形势,法治建设对发展对外关系、维护国家利益的作用更加凸显.
Then in the first part of the article, he made six points:
The formulation of the Foreign Relations Law is a significant achievement in implementing Xi Jinping's diplomatic thought in a legal form.
The Foreign Relations Law is an important measure to strengthen the Party Central Committee's centralised and unified leadership over foreign affairs. He argues that by clarifying the responsibilities of the Party and state institutions in foreign relations, the law “allows better exerting the core leadership role of the Party in foreign affairs work, and provides a solid legal foundation, comprehensive institutional norms, and stronger political guarantees for foreign work in the new era.”
The law is a systematic integration of China’s long-standing principles and conceptual practices in diplomacy. The law affixes in legal form the long-standing major principles and mature and stable conceptual practices of China’s foreign work since the establishment of New China. At the same time, it embodies the fundamental principles, concepts, and guidelines in the field of foreign relations in the new era. This is conducive to highlighting China's image as a responsible major country, leading the development direction of the world's great changes, and opening up a new journey of major-country diplomacy with Chinese characteristics.” 制定对外关系法,将新中国成立以来我国对外工作长期坚持的大政方针、成熟稳定的理念实践以法律形式固定下来,同时集中体现新时代对外关系领域的基本原则、基本理念、基本方针,有利于彰显我国负责任大国形象,引领世界大变局发展方向,开辟新征程中国特色大国外交新境界.
Enacting the law is a key measure to improve the construction of China’s foreign affairs-related legal system. This, he argued, has been an “urgent need”, which prompted the formulation of this law.
The law is an “important guarantee for achieving high-quality development and promoting opening up.”
Finally, the law “is an urgent requirement to safeguard national sovereignty, security, and development interests.” “In the face of severe challenges, we must maintain strategic determination, face difficulties head-on, have the courage to struggle, and be good at struggle. This includes making good use of the weapon of the rule of law, constantly enriching and improving the legal ‘toolkit’ for foreign struggles, and giving full play to the positive role of law as a ‘stabilizer’ of the international order. The law takes a clear-cut stand against all forms of hegemonism and power politics, against any unilateralism, protectionism and bullying, and clearly stipulates the adoption of countermeasures and restrictive legal provisions in response to foreign interference, sanctions and sabotage. These are conducive for the purposes of prevention, warning and deterrence, and provide a legal basis for China to exercise its legitimate rights against sanctions and interference in accordance with the law, firmly and effectively safeguarding national interests by means of the rule of law, and better safeguarding international fairness and justice. 面对严峻挑战,我们必须保持战略定力,知难而进、迎难而上,敢于斗争、善于斗争,包括善用法治武器,不断丰富和完善对外斗争法律“工具箱”,充分发挥法律作为国际秩序“稳定器”的积极作用。制定对外关系法,旗帜鲜明反对一切霸权主义和强权政治,反对任何单边主义、保护主义、霸凌行径,针对外国对我国的干涉、制裁、破坏等行径,明确反制、限制性法律规定,有利于发挥防范、警示和震慑作用,为我国依法行使反制裁、反干涉的正当权利提供法律依据,有利于以法治方式手段坚定有效维护国家利益,也有利于更好维护国际公平正义.
In the second section, Wang makes five points, talking about what all the law covers. In this, he is basically distilling key elements of the law. I’d recommend that one rather read the text, particularly since the text is easily available in English.
In the final section, he calls for coordinated implementation of the law and stresses that foreign-affairs-related work “must closely focus on the central tasks of the Party and the state.” He adds that “with the rule of law thinking and method, we will continue to promote major-country diplomacy with Chinese characteristics in the new era to a new level, and serve to comprehensively promote the great rejuvenation of the Chinese nation with Chinese-style modernization.” 对外工作要紧紧围绕党和国家中心任务,以对外关系法出台为契机,加强贯彻实施,提高“依法办外交”能力和水平,以法治思维、法治方式不断推进新时代中国特色大国外交迈上新台阶,服务以中国式现代化全面推进中华民族伟大复兴。
He further says that “we must persist in promoting the construction of Community of Shared Future for Mankind, promote the high-quality development of BRI, promote the implementation of GDI, GSI and GCI, and deepen and improve the all-round, multi-level, wide-ranging and three-dimensional layout of foreign work. Actively participate in the reform and construction of the global governance system, consolidate and expand international exchanges and cooperation in various fields, and further enhance our international influence, appeal, and shaping power.” 要坚持推动构建人类命运共同体,推动共建“一带一路”高质量发展,推动践行全球发展倡议、全球安全倡议、全球文明倡议,深化完善全方位、多层次、宽领域、立体化的对外工作布局。积极参与全球治理体系改革和建设,巩固拓展各领域国际交流合作,进一步提升我国际影响力感召力塑造力.
Moreover, Wang calls to “make full use of the Law on Foreign Relations as a legal tool, use a combination of legislative, law enforcement and judicial means to fight against acts of containment, interference, sanctions and sabotage, strengthen the rule of law capacity of diplomatic and foreign affairs officials, and resolutely safeguard China's sovereignty, security and development interests.” 充分用好对外关系法这一法律工具,针对遏制、干涉、制裁、破坏等行径,综合运用立法、执法、司法等手段开展斗争,加强外交外事干部队伍法治能力建设,坚决维护国家主权、安全、发展利益。
He adds: Give full play to the fundamental role of the Law on Foreign Relations to accelerate the study and formulation of supporting laws, regulations and documents, and ensure that all systems are implemented as soon as possible. and ensure that all systems are implemented as soon as possible. Further improve the foreign-related rule of law system, further promote the foreign-related rule of law work, make up for shortcomings and weaknesses, and continuously improve the level of rule of law in foreign affairs work.” 要充分发挥对外关系法基础性作用,加快研究制定配套法律法规和文件,确保各项制度尽快落地。进一步完善涉外法治体系,深入推进涉外法治工作,补齐短板弱项,不断提高对外工作法治化水平.
Now to today’s edition where we have a Q&A with an official from the NPC’s Legislative Affairs Commission. Some of the interesting bits from this are:
“Since the 18th Party Congress, there has been a significant expansion in the breadth and depth of foreign affairs-related legislation. The formulation and revision of important laws and regulations in this domain have played an important role in expanding opening-up to the outside world, enhancing international exchanges, and safeguarding national sovereignty, security, and development interests. As of the end of June 2023, among the 297 effective laws, there are 52 specialised laws on foreign affairs and over 150 laws with provisions related to foreign affairs. However, it should also be recognized that there are still some weaknesses and gaps in the construction of China's legal system in foreign affairs, especially in the protection of national sovereignty, security, and development interests.” 党的十八大以来,涉外领域立法的广度和深度大幅拓展,制定修改一批重要涉外法律法规,为扩大对外开放,增进国际交往,维护国家主权、安全、发展利益,发挥了重要作用。经梳理,截至2023年6月底,现行有效297部法律中,专门涉外法律52部,含涉外条款的法律150余部。但是,也应当看到,我国涉外法治体系建设还存在一些短板弱项,尤其是在维护国家主权、安全、发展利益方面,还有不少法律空白.
The first two questions are about the main features of the law and how the law implements constitutional provisions. In the second question, this bit is worth noting.
“For the first time, the relationship between treaties and agreements concluded or joined by China and the Constitution has been explicitly defined in legal form. Article 5 of the Constitution stipulates that: ‘The state upholds the uniformity and dignity of the socialist legal system. No law or administrative or local rules and regulations shall contravene the constitution.’ For a long time, in the practice and theoretical research of foreign-related rule of law, there have been opinions that it should be clearly stipulated in the constitution and laws of our country that treaties should not contravene the constitution. China has always insisted that the Constitution has the highest legal status, legal authority and legal effect, and at the same time, it has also established a set of effective practices on the application of domestic laws to treaties. In China's treaty practice, the constitutional review of treaties is an important part of the treaty-making process, and a working mechanism for examining the constitutionality of treaty contents has been established. Based on the lessons learned from practical experience, the Law on Foreign Relations stipulates: ‘Treaties and agreements that the State concludes or accedes to shall not contravene the Constitution.’ This provision clarifies that the concluded treaties should comply with the provisions of the Constitution. It upholds the highest legal status, authority, and effect of the Constitution; it also conforms to China’s insistence that treaties should be abided by, and at the same time provides a legal basis for further improving the system and mechanism of constitutional review of treaties.” 第四,首次以法律形式明确了缔结或者参加的条约和协定同宪法的关系。宪法第五条中规定:“国家维护社会主义法制的统一和尊严。一切法律、行政法规和地方性法规都不得同宪法相抵触。”长期以来,在涉外法治实践和理论研究中,一直有意见提出应当在我国宪法和法律中对条约不得同宪法相抵触作出明确规定。我国始终坚持宪法具有最高的法律地位、法律权威和法律效力,同时在条约的国内法适用等问题上也形成了一套行之有效的实践做法。在我国缔约实践中,条约的合宪性审查是缔结条约程序过程中的重要内容,已形成对条约内容合宪性进行审视和检查的工作机制。在总结实践经验基础上,对外关系法从缔结条约的角度规定:“国家缔结或者参加的条约和协定不得同宪法相抵触。”明确缔结的条约应当符合宪法规定,既维护了宪法最高的法律地位、法律权威、法律效力,也符合我国坚持条约应当信守的主张,同时为进一步完善条约的合宪性审查工作体制机制提供了法律依据.
Finally, this exchange is very interesting:
Q: The Foreign Relations Law specifies the strengthening of the implementation and application of laws and regulations in the field of foreign affairs. What are the considerations behind this?
“In order to safeguard national interests and protect citizens’ rights, it is a common international practice for a country’s laws to have conditional and limited extraterritorial application. As a fundamental and comprehensive law in the field of foreign affairs, it is necessary to make such provisions in principle under this legislation. Therefore, the Foreign Relations Law stipulates that ‘the State shall strengthen the implementation and application of its laws and regulations in foreign-related fields in conformity with the fundamental principles of international law and fundamental norms governing international relations.’ This reflects that in the development of foreign relations, China has always abided by the basic principles of international law and basic norms governing international relations, respected international practices, resolutely defended national sovereignty, security, development interests and national dignity, and protected the legitimate rights and interests of Chinese citizens and organisations. China’s Law on Foreign Relations provides for strengthening the implementation and application of laws and regulations in the foreign affairs-related field. This is completely different from the ‘long-arm jurisdiction’ practiced by some countries on the basis of domestic laws. Over the years, certain countries, in order to maintain international hegemony, have imposed sanctions on entities or individuals of other countries based on their domestic laws. Such acts of bullying have been widely criticized by countries and are known as ‘long-arm jurisdiction.’ This is a manifestation of international hegemony, and China is one of the countries that have been victims of such international hegemony. We firmly oppose such practices. In order to safeguard national sovereignty, security and development interests, we have waged a resolute struggle, promulgated the Anti-Foreign Sanctions Law, Measures for Blocking Improper Extraterritorial Application of Foreign Laws and Measures, and Provisions on the Unreliable Entities List, and taken countermeasures against entities or individuals in relevant countries according to law.” 记者:对外关系法明确加强涉外领域法律法规的实施和适用,有什么考虑?答:为维护国家利益,保护公民权利,一国法律有条件有限度地域外适用,是国际通行的做法。对外关系法作为涉外领域的基础性、综合性法律,有必要作出原则性规定。因此,对外关系法规定“国家在遵守国际法基本原则和国际关系基本准则的基础上,加强涉外领域法律法规的实施和适用”。这反映了在发展对外关系中,我国始终恪守国际法基本原则和国际关系基本准则,尊重国际惯例,坚决捍卫国家主权、安全、发展利益和国家尊严,保护中国公民、组织合法权益。我国对外关系法规定加强涉外领域法律法规的实施和适用,与个别国家依据国内法搞“长臂管辖”完全不同。多年来,个别国家为维护国际霸权,动辄以国内法为依据制裁他国的实体或者个人,这种霸凌行径受到各国的广泛批评,被称为“长臂管辖”,这是国际霸权的表现,中国是这种国际霸权的受害国之一,坚决反对这种做法。为维护国家主权、安全、发展利益,我们进行了坚决斗争,出台《中华人民共和国反外国制裁法》《阻断外国法律与措施不当域外适用办法》《不可靠实体清单规定》等予以反制,并依法对相关国家的实体或者个人采取反制措施。(Comment: Basically, the argument is that what China is doing is defensive in response to American “long-arm jurisdiction”. And while that might be the case for the moment, once the toolkit is put in place, it does of course allow for offensive usage in due time. But that’s beside the point. As of today, if you are a foreign national or enterprise that is engaged in economic activity in China, does it matter if something is defensive or offensive for a country? At the end of the day, you are likely to get caught in the grind, and there is going to be far greater uncertainty and legal challenges.)