How to promote the implementation of the "Belt and Road" initiative in China

Source: "Chinese Social Sciences Digest" 2022, No. 6 P127 — P128

Author: Cai Congyan Yifei Unit: Xiamen University Law School of the School of Law of Fudan University, the original "Multinational Judicial Dialogue in the Rise of the Great Power -How Chinese Justice Promote the Implementation of the Belt and Road" initiative, from the "International Law Research" 2022, Liu, Liu Peng

In the 1990s, Anne-Marie Slaighter, then Professor of Harvard Law School, proposed the theory of Transnational Judicial Dialogue. According to this theory, international relations should not be taken for granted by each "overall country"; on the contrary, various "decentralized countries" composed of regulators, judges and legislators are the treatment of international relations. The subject. Through the inspection of Chinese practice, this article not only demonstrates the importance of transnational judicial dialogue, but also reveals the diversity of transnational judicial dialogue, but also reveals the lack of Slaute's theory of multinational judicial dialogue, especially in particular. It is necessary to further improve.

The practice of China on transnational judicial dialogue provides a good opportunity to the world, showing the importance and diversity of multinational judicial dialogue in the era of globalization, and also reveals the lack of Slaut's theory of multinational judicial dialogue. Given more than 100 countries -most of them are developing countries with different political, economic, and legal systems -participating in the "Belt and Road" initiative, and it can be considered that China and other countries along the "Belt and Road" countries can be considered Dialogue is of great significance for the implementation of the initiative.

China ’s multinational judicial dialogue

(1) Background

The practical path and method of multinational judicial dialogue depends to a large extent on the role of a country's judicial system in its national governance. Fundamentally, China's judicial system is similar to the nature and role of the judicial system of other countries, but it is based on China's own social environment and must have its own characteristics. China's "Constitution" stipulates that the people's court exercises the right to judge independently in accordance with the law and is not interfered by administrative organs, social organizations and individuals. The "People's Court Organization Law" revised in 2018 also pointed out that the Chinese court should "ensure the smooth progress of socialist construction with Chinese characteristics."

The efforts made by the Chinese judicial system to promote the "Belt and Road" initiative are worthy of special attention. In June 2015, in multiple departments of the State Council, the "Vision and Action and Action of Promoting the Construction of the Silk Road Economic Belt and the 21st Century Maritime Silk Road" was only 3 months later, and the Supreme People's Court released the "People's Court of the People's Court as the" One Belt One Belt One Belt Several Opinions of the Construction of Judicial Services and Security on the Road (hereinafter referred to as the "Belt and Road" Judicial Opinions (2015)). In December 2019, the Supreme People's Court once again released the "Opinions on the People's Court to provide judicial services and guarantee for the" Belt and Road "construction" (hereinafter referred to as the "Belt and Road" judicial opinion (2019) "). Both judicial documents are designed to promote the national implementation of the "Belt and Road" initiative.

In January 2018, the Central Committee of the Communist Party of China comprehensively deepened the reform committee approved the "Opinions and Opinions on Establishing the" Belt and Road "international commercial dispute resolution mechanism and institution (hereinafter referred to as" Opinions "). The "Opinions" emphasized that in the establishment of a new dispute settlement mechanism and institution, the principle of "discussion, co -construction, and sharing" is adhered to. According to the "Opinions", the Chinese court welcomes legal professionals who are familiar with international law and countries along the "Belt and Road" countries to participate in the dispute settlement mechanism and institution. The Supreme People's Court established an International Commercial Court in June 2018. The court is committed to "creating a stable, fair, transparent, and convenient international business environment, service and guarantee 'Belt and Road" construction ", encouraging and attracting attraction International commercial disputes are designed to be under the jurisdiction of the International Commercial Court. In order to promote the construction of the “Belt and Road”, the Supreme People's Court has signed dozens of judicial exchanges and cooperation memorandums with the Supreme Court of the countries along the “Belt and Road”.

(2) Dynamics

In recent years, the inherent power of Chinese multinational judicial dialogue has undergone significant changes. On the one hand, as China gradually accelerates its development, China strives to seek more influence in international affairs. China is participating in international institutions such as the WTO, initiating emerging international institutions such as Asian Infrastructure Investment Banks, and a broader Contributing to "Chinese Wisdom" in the international agenda is increasingly active. On the other hand, China has worked hard to reduce other countries' doubts with a stronger political, economic and legal system. To this end, China promises to provide "global public products", including the "Belt and Road" initiative. At the same time, the Chinese government departments are also exploring how to "tell Chinese stories" to promote the understanding of the country. For the Chinese judicial system that is highly concerned about public policies, how to use its own advantages to "tell Chinese stories" and help the great rejuvenation of the Chinese nation can be said to be a new driving force for Chinese multinational judicial dialogue.

(3) Type

China's "Belt and Road" Judicial Opinions (2019) "clearly encourages" a typical case of multi -language announcement of the Chinese court referee, providing the basis for the correct understanding of the courts and arbitration agencies of various countries and arbitration agencies, and enhancing the understanding of international commercial subjects to understand Chinese law. And trust ". In Western countries, the attention and citation of Chinese cases have become increasingly obvious. In recent years, the process of Chinese judges has developed significantly, and its role is shifting from the trainee to the seminar organizer. As mentioned earlier, after the release of the "Belt and Road" Judicial Opinions (2015), the Supreme People's Court mentioned a number of judicial exchanges and cooperation records signed by the countries along the "Belt and Road". "project. Many judges of developing countries along the “Belt and Road” have participated in about two weeks of training projects held in China. During the training, foreign judges listened to the report of Chinese judges on the Chinese judicial system, held seminars with Chinese judges, and visited some local courts and law firms in China. Chinese judges also introduced them to China's national development planning and foreign policy, including the "Belt and Road" initiative.

Of course, there are other forms of multinational judicial dialogue in China. For example, in April and November 2018, some judges in China and Venezuela held video conferences to discuss how to apply information technology to case trials and court management. In addition, China has also held a number of judges forums, such as the meeting of the Supreme Court of the Shanghai Cooperation Organization, the China -ASEAN Judge Forum, the Asia -Pacific Chief Judge Meeting, and the BRICS Judge Conference.

(4) Impact

The impact of Chinese multinational judicial dialogue is far more than just at the judicial level. Transnational judicial dialogue helps judges from countries along the “Belt and Road” to enhance their understanding of Chinese justice, reduce unnecessary misunderstandings and strengthen judicial cooperation. Foreign judges can also gain the rich experience in the informatization of Chinese courts from China's "Smart Court". Carrying out multinational judicial dialogue does help foreign judges and its countries deepen their understanding of China and enhance mutual trust in China.

Judge Training Project: Chinese Judge's role change in multinational judicial dialogue

Prior to the release of the "Belt and Road" judicial opinion (2015), China's training on foreign judges was rare. After the release of the "Belt and Road" Judicial Opinions (2015), the training project was systematically carried out. The "Belt and Road" Judicial Opinions (2019) clearly stated that the Supreme People's Court "supports foreign judges to come to China for training and training and other projects." As mentioned above, many judicial exchanges and cooperation memorandums signed by China with other countries along the Belt and Road Initiative include the content of the Chinese side with foreign judges who will provide a project to China.

The training items are mainly for countries along the Belt and Road. From the level of participating in the "training" project, we can see that relevant countries attach great importance to the training projects. Most foreign judges delegation is the head of high -level judges, and some training items are regularly organized for judges in specific countries.

Foreign judges seem to be quite positive. Many foreign judges believe that participating in the training has enhanced their understanding of China's legal culture, Chinese judicial system, and the development of Chinese national development and foreign policies. They believe that China's "judicial wisdom" -especially "wisdom courts", and more widely -China's national development strategy can benefit their country a lot. They said they would return to China to share their gains with their participation in the training project. Many foreign judges look at the training project from a more macro perspective. For example, a judge in Uzbekistan said that the "Belt and Road" initiative provided a good opportunity for strengthening diplomatic relations with China and expanding communication with Chinese courts.

Transnational judicial dialogue is not only an important part of the “Belt and Road” initiative, but also an important means to promote the construction of the “Belt and Road”. Carrying out multinational judicial dialogue helps to enhance foreign judges' understanding of China's national development strategy and foreign policy, including China's national development strategy and foreign policy, and shows China's "judicial wisdom", especially the "Smart Court". Compared with the multinational judicial dialogue mentioned by Strad, China's multinational judicial dialogue has its own characteristics, especially for foreign judges with a face -to -face "training". Chinese practice shows that cross -border judicial dialogue in the context of globalization is not only important, but also diverse. Although there may be some comprehensive considerations beyond judicial dialogue in China, these dialogue exchanges are not driven by ideology. In addition, the empirical research on Chinese multinational judicial dialogue in this article also shows that developing countries can be intensively carried out between multinational judicial dialogues. In this process, as a country that is different from the Western judicial system, China can also become the main participants of multinational judicial dialogue, and at least it has provided reference and reference for other countries in the construction of the "Smart Court".

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