On The Promoting Effect Of The Development Of International Rule Of Law To Domestic Rule Of Law

To the human society,rule of law is the best governance form to the country and society.Although there is no consensus to the exact meaning of rule of law has been reached until now,however what has been reached consensus is the basic meaning of rule of law,which contains supremacy of law as well as fairness and justice.The concept of rule of law has a long history,traditionally it means rule of law within a country.Nevertheless,with the development of international integration,the form of rule of law is not constrained within the bound of the country anymore,it also occurs on international level.There are differences and consistencies between international rule of law and domestic rule of law.Rule of law on international level and domestic level share some common points is terms of nurture atmosphere,derived environment,development path,forms,value implication and theoretical basis.In spite of the differences between international rule of law ans domestic rule of law,however the strong interactive needs between them is not negligible.However,due to the differences between the development level of the rule of law between countries,countries with higher development level of domestic rule of law have more positive impact to the international rule of law than countries with lower development level of domestic rule of law.The development of international rule of law is basically promoted by countries with higher development level of domestic rule of law and produce impact to countries with lower development level of domestic rule of law.In the term of the mechanism of admission of foreign capital investment,interaction between international rule of law and domestic rule of law also exists.Some advanced ideologies of constitutionality,such as rule-oriented ideology and the principle of national treatment,provide good direction of legislation to countries with lower development level of domestic rule of law,meanwhile motive the revolution of mechanism of admission of foreign capital investment of those countries.Negative list and pre-establishment national treatment provide positive Legislative template.This article based on the basic situation of mechanism of admission of foreign capital investment of China,through the analyses of the promotion of some achievements of international rule of law,such as rule-oriented ideology and the principle of national treatment,to the domestic international rule of law to prove the promotion of international rule of law to the domestic rule of law.Besides,the author provide own opinions to the issue that how China take advantage of the positive effect of international rule of law stand on our own position.