Studies On The Implementation Of Treaties In Our Country

The problem of implementation of treaties in our country has notreally been solved by laws and statutes, legal theories and justicepractices in our country for quite a long time. The study of this problemis becoming more and more urgent and necessary with our country'sdeep and wide participation into the international communities,especially after our country's entry into WTO. The essay firstly analyzesall factors that have influences on the implementation of treaties in ourcountry. Among all those factors, the essay focuses on the legal status oftreaties in our country's domestic legal system. Hereafter, the essayreviews the history of our country's implementation of treaties andanalyses its characteristics. Then the author brings forward suggestionson establishment of treaty implementation system applicable to ourcountry. The whole essay is divided into 3 chapters, totaling about 57,000Chinese characters. The main contents of each chapter are as follows: Chapter One points out the importance of defining the status oftreaties in our country's domestic legal system. After comparingdifferent country's constitutional provisions on this problem and deep III法学硕士学位论文 论条约在我国国内的适用analyzing this issue, the author reaches the conclusion that the status oftreaty is inferior to the Constitution, yet the same with the Basic Law.Then, the author analyzes other factors in detail that may influence theimplementation of treaties in our country. They are: the structure of statepower and its division , the domestic legal procedures of treatyenforcement,the theory of the relationship of international law anddomestic law in our country,the nature and contents of treaties. Chapter Two reviews the treaty implementation history in ourcountry from two aspects. One is from the angle of the institutions andparties that implement treaties; the other is from the angle ofimplementation modes. Then, the author summarizes 3 characteristics.First, we have already developed some methods with Chinesecharacteristics on treaty implementation. Second, as far as the treatyimplementation is concerned in our country, there not only lacks unitybut also exist many defaults. Third, as far as the implementation mode isconcerned, we haven't yet developed the direct implementation mode asthe main mode. Chapter Three brings forward three pieces of suggestions toperfect our country's treaty implementation system. First, we shoulddevelop the indirect implementation mode as the main mode. Second,we should establish the system of "self-executing treaty" and "non-selfexecuting treaty". Third, we should perfect our country's treatyimplication system from the legislature and the justice aspects.