Analysis Of The Relations Between Treaties And Domestic Law

Treaty is the signified lexical modality in regulation international relations. The theory on the connection between treaties and national law is the core guide theory for nations to apply international treaties, and fulfill their obligations. It consists of the following four aspects:(1)Connection between treaties and law systems in the concluding nations(2)The role of treaties in the national law(3)The application of treaties in the concluding nations(4)The way for interfering between treaties and national laws in the concluding nationsIt concerns two layers, national law and international law. The relationship between treaties and national law system is the theory foundation of the treaty's position in the national law, that position is the lexical basis for the application of treaties within the nation.The domestic application of the treaty is how a party to perform treaty obligations. To resolve the conflict between treaties and domestic law is the requirements of the implementation of treaty obligations. These four aspects link up, and formed a complete and unified theoretical system of connections between treaty and domestic law.The first four chapters in this paper, in the aspect of international law and domestic law two levels, demonstrates the above four aspects. Using theory to guide practice in the demonstration treaties and domestic law relations theory, Article V, in view of the problem for treaty application in China, the author provides some thinking and suggestion to the integrity of treat application system in China.This paper with a Chinese perspective, is our own foothold in the treaty area of the law practice, the core is to clarify treaties and domestic law relations theory, aimed at resolving the treaty in China in the applicable legal issues. The article attempts to explore a road for treaties and the integration of China's national conditions, to make the application of the treaty in China is not only in conformity with international law with .Chinese characteristics, and give full play to the purpose and role of China's participation in international treaties concluded, and to the greatest extent to safeguard national and the people's interests.