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《Xiamen University Law Review》 2013-01
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Chinese Theory on International Law

He Zhipeng;  
It is clear that through a century's striving,China is very important in many aspects for the international community;therefore,it is desirable that China establish her own system of international law based on the tradition of international law with some unique cultural factor of her own.Every potential power had the experience of constructing its own international law theory so to push the international legal system forward as well as express its own ideas and wills.The international legal system today is not quite clear yet,the boundary of rights and obligation is always blur,and thus the new rising states like China can contribute more to make international law fairer and more oriented to justice.Hence,the Chinese theory of international law is not only helpful for a new and responsible image of China in international society,but also good for a sound development of international law.In the perspective of China,international law is not balanced,not mature,not a sound law which may lead to good governance,not possible to realize harmony,but could be changed into a better one after ongoing reform.The rational changing orientation of international law makes it possible multiple theories may be applied for international legal issues,and the experiences that China has collected during its past helped China to establish its theories on international law;furthermore,the traditional cultural heritage of China lays the foundation for a type of international law theory with Chinese characteristics.Fundamental principles of Chinese theory on international law should be anti-hegemony,pro-development,supporting the vulnerable,and towards harmony.It is possible to realize in the struggle with power politics and proposing international rule of law and democracy.A long-term co-construction by theoretical and practical dimension isnecessary for the establishment of Chinese theory on international law.Efforts should be made in the fields of ontology,epistemology,axiology,and methodology of international law not only by Chinese scholars,but also by the government.Reforms should appear in aspects of diplomatic notion to emphasis more on law,practical legal education,perfecting institutions to link practitioners and researchers of international law,and expressing the views of China via international forums.
【Fund】: 教育部重大课题攻关项目“中国特色社会主义法学理论体系研究”(10JZD0029)的阶段性成果
【CateGory Index】: D99
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