Regulations in China from the perspective of international treaty law
Author(s):
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
China has made significant progress in the implementation of international obligations in its domestic legal system over the past thirty years. However, the Chinese constitution and ordinary laws do not lay down general rules on the status of treaties in the domestic legal system. But the substantive obligations of the treaties to which China has acceded largely to domestic law and directly affect the country's economic and social activities. This article examines the various forms and ways in which China implements its international commitments domestically. In line with this, the number of cases in which courts use treaty rules is increasing, indicating China's determination to adhere more fully to its international obligations. In civil and commercial matters, international treaties apply primarily to cases with foreign elements, while in criminal law, China has placed almost all international crimes as criminal offenses under its national criminal law. And over the past thirty years, there has been significant progress in the implementation of international obligations in its domestic legal system. This article illustrates the various forms and ways in which China implements its international obligations at home, given China's position in the international system.
Keywords:
Language:
Persian
Published:
Adl va Ensaf Comparative Law Research Quarterly, Volume:2 Issue: 6, 2019
Pages:
40 to 59
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