The Implementation Of International Treaties In Our Country

With the entry into 21 century, a large expansion takes place in the adjusting sphere of treaties, meanwhile, there is an increasing appeal for the regulations of domestic laws to be in accordance with those of treaties. Despite all the endeavors of the scholars from both abroad and at home in hundreds of years, there still lacks an agreement in theory. What's more, we failed to get a definite and detailed regulation on this issue, neither judicially nor legislatively. So the author chooses the topic of the implementation of international treaties as her thesis, hoping to make up the vacancy in our legislation, eliminate the conflictions in our practice, regulate the implementation of international treaties in our country, and finally pose a macroscopic direction for applying the rules of WTO after China's entry into WTO. In this paper, the author discusses the implementation of international treaties from both a theatrical side and a practical side, groping for a perfect way to tackle with the actual problems. In order to get a deep insight, the author uses historical, comparative, analytic methods in probing into the problem of the implementation of international treaties in domestic country. The author studies the problem from four aspects: The first aspect is about the general international issue of the principle of Pacta Sunt Servanda; the second one is about the relationship of domestic laws and international treaties; in the third part, the author discusses the mode of the implementation of international treaties in domestic countries; in the last part, which is the core of this paper, the author addresses herself on the implementation of international treaties in our country and puts forward her suggestions thereof. In the thesis, the author forwards the following suggestions regarding different arguable problems. 1. On the problem of the acceptation of international treaties, the author holds the idea that we should make a definite regulation in our legislation by stating that international treaties that have a binding effect on People's Republic of China should be the composing part of our legal systems, and these treaties can be applied directly; 2. We should distinguish the self-executing treaties from non-self-executing treaties; and 3. When the confliction of treaties and domestic laws happens, the treaties have precedence over domestic laws. In a word, aimed at the theatrical perplexity and the malpractice in our judicial practice concerning the implementation of international treaties in our country, the author poses her own suggestions separately, hoping to forward some constructive suggestions for the legal systems involving the implementation of international treaties.