Regulation of relations complicated by a foreign element in the People’s Republic of China: legislative basis and practice

Abstract

In recent years, China has made significant progress in improving legislation on issues related to foreign elements. The article examines the trend of Chinese legislation development aimed at strengthening legal mechanisms for the protection of national interests, including at the international level in the context of intensifying political and economic competition. In the course of detailed analysis, the features of the main laws under consideration in the field of protecting the country’s national security, such as the PRC Anti-foreign Sanctions Law, the PRC Foreign Relations Law, and the PRC Foreign Jurisdictional Immunity Law, are identified. An amendment to the PRC Code of Civil Procedure, effective January 1, 2024, which affects Part IV of the PRC Code of Civil Procedure, “Special Provisions on Civil Proceedings Involving Foreign Elements”, is analyzed, and the mechanism for the Supreme Court, arbitration institutions, and international commercial mediation organizations to facilitate “one-instance” international commercial mediation is explained. The article draws on examples from the foreign and international law training model of China Political Law University and Wuhan University. Prospects for advancing law reform are offered, drawing on close cooperation with member countries of international organizations in trade, investment, transport, energy, innovation and the digital economy. In the process of realizing China’s Belt and Road Initiative, covering multiple countries and languages, there is a need to establish training mechanisms for law and foreign languages.

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