| The foreign aid work since the founding of New China has a history of nearly 70 years,but there is still no officially issued foreign aid law.As early as August 2010,then-Prime Minister Wen Jiabao emphasized at the National Foreign Aid Working Conference that China must improve the quality of foreign aid,strengthen supervision of foreign aid project implementation enterprises,and pursue accountability for illegal activities and subcontracting to ensure compliance with local regulations.Regulations.To achieve this goal,China urgently needs to reform foreign aid agencies and improve foreign aid management mechanisms.Regarding the norms of the foreign aid system,in addition to the most effective "Measures for the Administration of Foreign Aid(Consultation Draft)",in the course of the continuous development of foreign aid work,there are a large number of departmental regulations and measures formulated according to the implementation stage and method of foreign aid These documents together constitute a relatively loose institutional system.In terms of implementing agencies,the International Development Cooperation Agency,established in 2018,is responsible for leading and coordinating foreign aid work.The Ministry of Commerce,the Ministry of Foreign Affairs and other departments work with local governments at all levels and embassies(consulates)to participate in specific foreign aid work.Generally speaking,due to the lack of systemic laws and regulations,China's foreign aid at this stage is still in a systemic and inadequate system.In order to better cooperate with the “Belt and Road” initiative and “South-South cooperation”,it is necessary to accelerate the establishment of a relatively complete legal system for China's foreign aid.Exploring the legalization of China's foreign aid,thinking about and suggesting the legal framework of China's foreign aid is the starting point and end point of this article.The first part of this thesis reviews the development of foreign aid work since the founding of New China,including the concept of Chinese foreign aid and the history of foreign aid since the founding of New China,and the current foreign aid system in China.First,this article introduces the definition of China 's foreign aid and other countries and /or international organizations.According to the “Measures for the Administration of Foreign Aid”(draft for comments)issued by the National Development Cooperation Agency of the Ministry of Commerce in 2018,China will It is defined as "activities that use government foreign aid funds to provide economic,technical,material,human resources,and management support to recipients." This definition is in line with China's main foreign aid methods,which more accurately summarizes China's foreign aid work.Secondly,the history of New China 's foreign aid began in the 1950 s.It experienced several stages of development and formed the current foreign aid system.There are many different views on the division of each stage.The establishment and release of the "Measures for the Management of Foreign Aid"(draft for comments),this article specifically divides China's foreign aid journey from the 1950 s to reform and opening up,the reform and opening up to the 1990 s,the1990s to the end of the 20 th century,and the beginning of the 21 st century.There are four stages in 2018.At present,China has entered the fifth stage,that is,the establishment of specialized The foreign aid agencies of the country made a decision to accelerate the reform of the foreign aid system through a series of meetings.At the same time,this article also briefly introduced the contents of the two "China White Papers on Foreign Aid" in 2011 and 2014.The principles,funds,implementation methods,management,and international cooperation of China's foreign aid were introduced in detail.The content of the 2014 white paper focused on the development and progress of China's foreign aid undertakings from 2010 to 2012,and foreign aid promoted the improvement of people's livelihood.And promote achievements in economic and social development,foreign assistance under regional cooperation mechanisms,and participation in international exchanges and cooperation.Different from the 2011 White Paper,the 2014 White Paper(hereinafter referred to as the "White Paper(2014)")looks at the progress and effectiveness of China's foreign aid work over a period of time and reflects the implementation of China's foreign aid policy system.And effect.In addition,this section also analyzes China's current foreign aid system.The current foreign aid system is dominated by the International Development Cooperation Agency and the "Foreign Aid Management Measures"(Consultation Draft)as the main document.The document is supplemented by regulating the different stages and different implementation methods of foreign aid activities,and forming a preliminary foreign aid system,such as the Measures for the Administration of Foreign Aid Complete Projects(Trial)and the Measures for the Administration of Foreign Technical Assistance Projects(Trial)The two foreign aid implementation methods of complete project assistance and technical assistance have been more detailed,and the"Regulations for the Evaluation and Management of Foreign Aid Projects(Trial)" are special foreign aid project supervision and evaluation documents.In general,there is still room for improvement in terms of the unity and specificity of purposes and objectives,the improvement of the system and the clarification of institutional authority,the improvement of the evaluation mechanism,and the expansion of the evaluation scope.The second part of this thesis mainly introduces the foreign aid systems of Brazil,India,two developing countries and the United States,Germany.The purpose of selecting the four countries mentioned above is to compare the foreign aid systems of developing and developed countries.Based on this,the experiences and deficiencies of the above countries in foreign aid are summarized to provide a reference for China to improve its foreign aid system.Among them,Brazil and India,as larger developing countries and participating countries of "South-South Cooperation",have also experienced a change of status from recipient countries to aid countries.They have many similarities with China's foreign aid process.The common feature of the system is that it reflects obvious regional tendencies and has not formed a complete foreign aid legal system,leading to problems such as repeated assistance and low efficiency.At the same time,the number of management and enforcement agencies in the implementation process is relatively large.The functions are not clear enough.The United States and Germany,as developed countries with extensive experience in foreign aid,have distinct features in their foreign aid systems.The United States uses the Foreign Aid Act of 1961 and the Foreign Aid Transparency and Accountability Act of 2016 as its foreign aid legal systems.At the core,through a series of special foreign aid laws and presidential administrative instructions,specific foreign aid work is flexibly adjusted,and the International Development Agency is the main foreign aid agency.Other agencies collectively constitute a foreign aid agency system that divides labor and cooperation,but there are problems such as the large number of foreign aid bills,insufficient streamlining,and insufficient authority of the International Development Agency;although Germany is a representative civil law country,it has not formed specialized foreign aid.(German is known as Economic Cooperation and Development)The legal system has not taken the form of many European and American countries 'specialized agencies under the Ministry of Foreign Affairs as the main foreign aid agencies.Instead,a higher-level Ministry of Economic Cooperation and Development has been established,highlighting Attention to foreign aid in economic cooperation and promotion of development Diplomatic and political.China has similarities and many differences in the establishment of foreign aid legal systems and institutions with the above-mentioned countries,but the improvement of the foreign aid legal system should ultimately be based on the specific national conditions and the needs of foreign aid practices,and should not blindly imitate other countries' models.The third part of this thesis focuses on the improvement of China's foreign aid legal system.First of all,the concept of foreign aid law in a broad sense should be “general name for adjusting the legal norms of a country 's foreign aid activities”,and the foreign aid law in the narrow sense refers to the basic law of foreign aid;Another country or region and its nationals implement aid activities,so the aid behavior and the funds and materials involved are foreign and transnational.The laws and regulations regulating foreign aid activities include both domestic law and transnational investment and international trade.The legal provisions on international finance and other aspects also include bilateral treaties and multilateral treaties signed by a country with other countries or international organizations in order to carry out foreign aid activities,and aid rules formed by international organizations to carry out aid activities.These legal documents together constitute In addition to the international aid legal system,foreign aid law,as a domestic law,actually belongs to a branch of international aid law.In addition,the basic principles of international law also apply to the field of foreign aid.Therefore,foreign aid law should be a part of international law.Branch,to be precise,international Branch helps law. |
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