Improve The Study Of The Legal System For The Conclusion Of Treaties In Our Country

In a new era of closer global cooperation and more popular support for a "Community of shared future for mankind",the conclusion of treaties has become an important way for countries to establish friendly relations and carry out international cooperation.The conclusion of treaties shall be carried out in accordance with the law for their validity and legitimacy.The Constitution and Law of the People's Republic of China on the Procedure of the Conclusion of Treaties are the main legal norms for the conclusion of treaties in our country.The Constitution lays down the basic principles of the distribution of the treaty-making power in the state organs of our country,and the Law on the Procedure of the Conclusion of Treaties stipulates the procedure for the conclusion of treaties in our country.However,with the rapid development of the practice of treaty conclusion in China,new problems and new demands emerge one after another.The normative role of existing laws on the conclusion of treaties is gradually decreasing.In practice,there have been undesirable phenomena such as confusion of treaty-making procedures,imbalance in the operation of treaty-making rights,lack of norms of treaty reservations and so on,which are contrary to the seriousness of treaty-making and its importance to national development.In response to the above phenomena,the State Council issued the Regulations on the Implementation of the Law on the Procedure of the Conclusion of Treaties(Draft for Comments)in 2017.The Ministry of Foreign Affairs,while conducting research and demonstration on the amendment of the Law on the Procedure of the Conclusion of Treaties,has submitted the Measures for the Administration of the Conclusion of Treaties(Draft)to the State Council for deliberation.Therefore,this paper takes the legal system of treaty conclusion of our country as the research object,summarizes and analyzes the existing problems,and puts forward some specific suggestions and measures,hoping to improve the legal system of treaty conclusion of our country.There are four chapters in this paper.The first chapter is an overview of the legal system related to the conclusion of the treaty in China.At present,the legal system of concluding treaties in China is mainly embodied in the Constitution and Law on the Procedure of the Conclusion of Treaties.In addition,the Regulations on the Implementation of the Law on the Procedure of the Conclusion of Treaties(Draft for Comments)issued by the State Council supplements and refines Law on the Procedure of the Conclusion of Treaties.Although it has not been passed yet,it is also an important reference for the legal system of the conclusion of treaties in China.Finally,the relevant provisions in the Vienna Convention on the Law of Treaties which China has acceded to are also part of the legal system for concluding treaties in China.Chapter two makes a comparative analysis of the treaty-making systems of the United States,Germany,France and the United Kingdom,and selects some useful aspects as references for our treaty-making systems.Chapter three is the research on the key problems existing in the legal system of treaty conclusion in China.This chapter is divided into three sections,the name and quality of the treaty,the process of concluding the treaty and the substantive system of concluding the treaty in China,basically covering all aspects of the legal system of concluding the treaty in China.Chapter four is the concrete suggestions of perfecting the legal system of concluding treaties in our country.In view of the problems existing in the name and quality of treaties in China,it is suggested to set up a mechanism for evaluating treaties in advance,and the specific design of this mechanism is discussed.In view of the problems existing in the process of concluding treaties in China,in addition to improving the existing three procedures of ratification,approval and filing,it is also suggested to improve the process of concluding treaties involving stakeholders and individuals and to increase the standardization of treaty negotiation.In view of the problems existing in the substantive system of concluding the treaty in China,it is suggested to implement the power of the Standing Committee of the National People's Congress to conclude the treaty,increase the power of the President of the country to enter the treaty and clarify the treaty reservation system.