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Research On The Application Of International Treaties In Our Country

Posted on:2020-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhuFull Text:PDF
GTID:2436330572487019Subject:Law
Abstract/Summary:PDF Full Text Request
International treaties are important sources of international law and play an important role in adjusting state-to-state relations.In the context of global integration,the exchanges between countries are increasing day by day,and the treaties signed are also increasing accordingly.As a major country participating in the development of global integration,China.He has been participating in state affairs and international exchanges with other countries and has signed treaties with them in various fields.However,as for the application of the treaty,China’s constitution does not provide specific provisions,but only gives sporadic and scattered descriptions in other laws and regulations,which not only does not meet the requirements of the integrity of China’s legal system,but also produces confusion in the process of the actual application of the treaty,especially bringing troubles and problems to judicial practice.So it is necessary to study the application of treaty in theory.Specifically,the study of this issue has the following significance: first,to make up for the lack of constitutional provisions;Second,the theoretical basis of treaty application should be perfected.Thirdly,facilitating the application of treaties in practice;Fourth,to highlight China’s status as a major country and avoid assuming international responsibilities for violating international treaties.This paper will start from the theory,expound the theoretical research results of scholars around the world,analyze the practical situation of the application of developed countries,list the current situation of China’s application and existing problems,and finally give Suggestions on the application of the treaty in China.From theoretical analysis to practical guidance,from drawing on the experience of other countries to give specific Suggestions,this paper will use empirical analysis,comparative analysis,legal analysis,historical analysis to elaborate and specify.
Keywords/Search Tags:The treaty, Domestic application, Legal rank, Applicable way
PDF Full Text Request
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