China sees strides in development of foreign-related legal system and capacity

China has seen solid progress in the development of its foreign-related legal system and capacity, according to the Ministry of Justice (MOJ). The ministry has made efforts to enhance the top-level design for foreign-related rule of law, improving the foreign-related legal and regulatory system, advancing foreign-related law enforcement, judicial and legal services, and strengthening the cultivation of foreign-related legal professionals.

In recent years, the MOJ has been consistently advancing the rule of law in domestic and foreign affairs in a coordinated manner. To promote overall law-based governance in the country, it has made all-around efforts to ensure sound legislation, strict law enforcement, impartial administration of justice and society-wide observance of the law. In terms of foreign-related rule of law, the ministry has advanced its overall planning by improving foreign-related legislation, law enforcement, judiciary work, public law compliance, legal services and cultivation of legal talents in a bid to meet the needs of high-quality development and high-standard opening-up.

To advance the construction of China’s foreign-related legal system and its capacity, the MOJ has been dedicated to the overall coordination of foreign-related rule of law, deepened reforms in the rule of law, and planned key reform tasks in the foreign-related areas. It has advanced foreign-related legislation and revision of laws in key areas, including the Arbitration Law, strengthened the construction of a legal system applicable outside of China's jurisdiction, and accelerated the formulation of supplementary systems pertaining to foreign-related laws.

China has established a legal framework encompassing 53 laws specifically focused on foreign affairs and more than 150 laws with foreign-related provisions.

Furthermore, the MOJ has promoted the foreign-related law enforcement and judicial practices, the implementation of foreign-related laws, the development of foreign-related legal services, the establishment of foreign-related legal service institutions and the cultivation of foreign-related lawyers. Measures have been taken to fully leverage the role of foreign-related lawyers, advance the pilot program that allows law practitioners of Hong Kong and Macao special administrative regions to practice in the nine cities in Guangdong province that are included in the Guangdong-Hong Kong- Macao Greater Bay Area (GBA), and support lawyers in the GBA to actively undertake legal negotiations.

Meanwhile, the ministry has promoted the piloting of international commercial arbitration centers and the opening-up of the legal service industry, actively facilitated Chinese lawyers and arbitration services to go global, and fostered a batch of world-class arbitration institutions and law firms. To date, Chinese law firms have set up 180 overseas offices in 35 countries and regions, with over 12,000 foreign-related lawyers. The foreign-related cases handled by the arbitration institutions nationwide involve parties from over 100 countries and regions, indicating China's improving foreign-related legal services.

Additionally, efforts have been made on deepening exchanges and cooperation on foreign-related rule of law. The ministry has signed memorandums of understanding on inter-departmental exchange and cooperation with nearly 40 countries, maintained interactions at multiple levels with the judicial departments of over 100 countries and fully leveraged the role of the Belt and Road International Lawyers Association, which saw the expansion of China's legal circle of friends in the international community.

Notably, the ministry has also redoubled efforts to strengthen the cultivation of foreign-related legal talents, expedite the development of foreign-related legal disciplines and build high-level cooperative innovation bases for cultivating foreign-related legal talents and national-level foreign-related legal research bases in order to nurture foreign-related legal talents with firm political stances, high proficiency in laws, good knowledge of international rules, and expertise in foreign-related legal practice.