Judicial Application Of Treaty In China

Treaty is one kind of important tools in international intercourse. Now, there are more than 35,000 treaties registered in the UN, and about 2,000 volumes of UN Treaty Series have been published; and the amount of treaties concerning to almost all fields of international society is larger. China is one of the primary treaty-makers in the world. From Oct. 1, 1949 to 1999, China has concluded about 14,040 treaties, which include 13,820 bilateral treaties and 220 multilateral treaties. Those treaties are important in field of politics, society, economic, cultural, and diplomacy, and most of them are applied in China. But there is neither provision concerning to the judicial application of treaties in constitution or constitutional documents, nor detailed provision in other laws which even have contrary regulations. Meanwhile, the judicial practice in China concerning to this issue is also disordered. To research on the judicial application of treaties in China has important meaning. This article includes four chapters and about 50,000 words.The chapter one is about the summary of judicial application of treaties. This chapter introduces the conception, the value and method of research on the judicial application of treaties in China, and analyses the characteristic of judicial application of treaties in western country.The chapter two is about the theory of judicial application of treaties. This chapter analyses the system of treaty application in China, the legal position and the methods of application of treaties in China, as well as the conflict and solution between the treaties and domestic law. The chapter three is about the practice and characters of judicial application of treaties. On the basis of introduction of judicial application practice in China, the chapter discusses the characters and the questions concerning to the judicial application of treaties in China.The chapter four is about the suggestions of judicial application of treaties. This chapter gives suggestions on increasing of the relative provisions in constitution, concluding"the PRC law of treaty application", as well as perfecting the judicial system of treaty application.