（来源：《中国日报（海外版）》 2025-12-07）

【编者按】今年是习近平法治思想正式提出五周年。2025年12月，《中国日报（海外版）》围绕我国加强涉外法治建设的进展与成效，采访了对外经济贸易大学法学院陈卫东教授。陈卫东教授认为，2021年以来，我国先后颁布《反外国制裁法》《对外关系法》《外国国家豁免法》等法律，《实施〈反外国制裁法〉的规定》等行政法规、《不可靠实体清单规定》《阻断外国法律与措施不当域外适用办法》等部门规章，在涉外法治立法方面取得显著成效，在反制裁、反干涉、反“长臂管辖”领域构建了有力和有效的法律斗争工具箱，并对我国相关法律的域外适用做了初步探索。

近年来，我国对美国等相关国家的个人和机构的制裁力度加大，范围扩广，形成了相互制约、相对平衡的局面，在复杂严峻的国际局势下为保护中国企业和个人的利益，特别是海外利益提供了坚实的保障。同时，我国制度性开放、对接高标准国际经贸规则相关涉外立法、司法和法律服务取得显著进展，助力营造稳定公平透明可预期的市场化、法治化、国际化一流营商环境，以更加有力服务保障进一步扩大高水平对外开放，不断提升国际商事审判的国际公信力和影响力。在我国涉外法治建设经过五年的统筹推进持续取得进展的同时，也需要认识到涉外法治仍然是我国法治建设相对薄弱的环节，一些体制机制问题还没有完全解决，涉外立法、执法、司法、守法和法律服务、法治人才培养的工作仍然需要持续重视和加强。我国还需要继续在国家安全、出口管制、反制裁、贸易救济、海警执法等领域完善工作机制，进一步提高执法效能。我国法院在涉外商事海事审判领域，需要在涉外管辖、外国法查明、司法协助等领域进一步探索，完善机制和方法。我国应尽快研究加入《海牙法院判决公约》和《新加坡调解公约》，促进国际商事调解的运用和涉外民商事判决的流通。在全面参与全球治理体系变革方面，我们需要以人类命运共同体理念为指引，以落实全球治理倡议为根本路径，充分发挥元首外交的引领作用，在联合国、世贸组织、气候变化谈判等全球治理平台提出更多的中国方案，进一步作出中国贡献。

Editor's note: This year marks the fifth anniversary of the introduction of Xi Jinping Thought on the Rule of Law. This story is the fifth in a series exploring its implementation across the country.

Soon after the flight from Thailand landed at the Nanjing Lukou International Airport on Nov 12, She Zhijiang — gambling kingpin, mastermind behind a Myanmar-based fraud syndicate and one of China's most wanted fugitives — was escorted off the aircraft, marking the culmination of a massive cross-border investigation.

She, a Chinese Cambodian also known as Tang Kriang Kai, had long been sought by Chinese authorities for orchestrating a gambling empire that operated over 200 online platforms and 248 fraud outfits in Myanmar's Myawaddy region bordering Thailand. He had been on the run for years. Public security organs asked Interpol to issue a Red Notice for his capture, which finally led to his arrest by Thai police in Bangkok in August 2022. Following the arrest, China and Thailand cooperated under their bilateral extradition treaty, leading to She's extradition to China last month.

According to the Ministry of Public Security, She's extradition was part of a broader effort to build "a cooperative, law-based and mutually beneficial security partnership".

Strengthening international joint law enforcement to combat cross-border crimes has become a key aspect in China's rule of law development. It embodies the strategy of accelerating foreign-related rule of law work and advancing both domestic and international governance. This effort aligns with Xi Jinping Thought on the Rule of Law, which emphasizes the safeguarding of national sovereignty, security and development interests.

Xi Jinping Thought on the Rule of Law, which was introduced in November 2020, calls for the acceleration of strategic planning of foreign-related rule of law work.

At a group study session of the Political Bureau of the Communist Party of China Central Committee in 2023, President Xi Jinping, who is also general secretary of the Communist Party of China Central Committee and chairman of the Central Military Commission, required the integration of the advancement of foreign-related legislation, law enforcement, judiciary, compliance and legal services to form a highly coordinated framework for foreign-related rule of law work.

At a recent central conference on work related to overall law-based governance, Zhao Leji, chairman of the National People's Congress Standing Committee, reiterated the requirement and called for improving the legal system and capacity for handling foreign-related affairs to provide a solid legal guarantee for making decisive progress in basically realizing socialist modernization. 'Effective toolbox'

Over the past five years, China has overhauled its foreign-related legislation, enacting key statutes such as the Foreign Relations Law, Anti-Foreign Sanctions Law and a revised Anti-Money Laundering Law, thus creating a multilayered shield to protect sovereignty, security and development interests.

Chen Weidong, a professor of law at the University of International Business and Economics in Beijing, said that since 2021, China has assembled an "effective legal toolbox" to counter sanctions and oppose interference and resistance to extraterritorial jurisdiction, with supporting regulations detailing enforcement procedures and safeguards.

China has intensified sanctions against relevant individuals and institutions from the United States and other countries, forming a situation of mutual restraint. This has provided solid protection for Chinese enterprises and individuals, especially those overseas, amid a complex international landscape, Chen said.

Mo Jihong, a researcher at the Chinese Academy of Social Sciences' Institute of Law, said that China actively fulfills its international obligations in foreign-related legislation, upholding the international system with the United Nations at its core, and participating in the formulation of international rules.

According to the National People's Congress, China's top legislature, seven special foreign-related laws have been formulated and seven revised over the past five years. Of the 310 laws currently in force, 54 are special foreign-related laws and 158 contain foreign-related provisions.

The country has promoted the rule of law in international relations, contributing Chinese wisdom and solutions to the reform of the global governance system, Mo said.

Overall progress

China's progress in foreign-related lawmaking has seen parallel advances in judicial, procuratorial, trial and legal services.

The country has signed 91 judicial assistance treaties and 19 prisoner transfer treaties, handling over 16,000 mutual legal assistance cases over the past five years. It has also hosted regional meetings under frameworks such as the Shanghai Cooperation Organization, BRICS and the Lancang-Mekong Cooperation mechanism, deepening judicial dialogue.

In prosecutorial cooperation, the Supreme People's Procuratorate has become a visible participant in global governance. From last year to September, some 89,000 foreign-related offenders have been indicted, with 464 criminal judicial assistance cases processed.

High-profile events such as the 15th China-ASEAN Prosecutors-General Conference and the China-Africa Prosecutorial Cooperation Forum have highlighted China's expanding influence in international rule of law.

Dorcas Agik Oduor, Kenya's attorney-general, praised China's modernization of its rule of law and prosecutorial system as being integral to national development, emphasizing its use of technological innovation and data-driven decision-making.

China's courts are increasingly active globally. The Supreme People's Court established two international commercial courts in 2018, creating a "one-stop" mechanism for cross-border business disputes. These courts concluded 36 cases involving parties from 26 countries, with their decisions cited internationally.

Maritime adjudication is another area of expanding influence, with China hosting the world's most extensive maritime court network, handling 88,000 foreign-related cases involving 146 countries and regions.

Chen said that these measures help make China a stable, fair, transparent and predictable business environment, enhancing its international credibility and influence in commercial trials.

"They offer enhanced services and assurances to further expand high-level opening-up, while continuously boosting the international credibility and influence of international commercial trials," he said.

The Ministry of Justice has also established a department for foreign-related legal affairs to coordinate foreign-related legal work, promoting integrated development in this area, Chen added.

Beyond the courtroom, China is growing its legal-service industry to support companies "going global". According to the Ministry of Justice, Chinese law firms have opened 207 overseas offices in 37 countries and regions, while the Belt and Road International Legal Services Association provides cross-border counsel and dispute resolution support. Arbitration is also booming, with Chinese institutions handling 16,000 foreign-related cases worth 730 billion yuan ($103.24 billion) in the past five years, doubling in both case number and value compared with in 2020.

The International Mediation Institute in Hong Kong, established earlier this year, has filled a gap in the global dispute resolution system, promoting mediation as a peaceful means of settling international conflicts.

Scope of improvement

Despite progress, Chen warned that foreign-related rule of law work remains a relatively weak link in China's legal modernization, constrained by structural overlaps, uneven local capacity and a need for more experienced international lawyers.

Chen advocated continued reform focused on institutional connectivity, integrating legislation, enforcement, adjudication, compliance and education into a coherent ecosystem. He urged accelerated participation in global conventions such as the Hague Judgments Convention and the Singapore Convention on Mediation to enhance the recognition of Chinese court decisions abroad.

In global governance reform, Chen underlined the importance of following the vision of building a community with a shared future for humanity and implementing the China-proposed Global Governance Initiative. This approach would enable China to present more solutions on international platforms, such as the UN and the World Trade Organization, and in climate change negotiations, he said.

附：原文链接

https://www.chinadaily.com.cn/a/202512/07/WS69359dbba310d6866eb2d4f5.html