| External sanctions have existed in ancient times,and the earliest embryonic form that can be traced back is the ancient embargo:it includes living materials in peacetime and strategic materials in wartime.Although this form has always been used by various countries,it basically appears in the form of decree and has not been standardized to the height of the law.The current international relations and situation are relatively complicated.The United States and other countries have frequently imposed sanctions on individuals,organizations,entities,and governments initiated by China for the purpose of containing China’ s rise and interfering in internal affairs.China is also relying on its own national strength to improve and strengthen its countermeasures.Frequency and intensity.At the beginning of 2020,the countermeasures have been reciprocally or even doubled in the face of sanctions.As far as laws and regulations are concerned,the "Regulations on the List of Unreliable Entities",the "Export Control Law" and the "Measures for Blocking the Improper Extraterritorial Application of Foreign Laws and Measures" The successive promulgations have also laid the foundation for the perfection and construction of the legal system of external sanctions in the future.China should further build a clear and high-level governing law to fill in the gaps,initiate sanctions and countermeasures in order to safeguard its own interests,and implement the UN Securi ty Council sanctions resolutions to provide clear references,express its resolve and ensure deterrence.The first part of the thesis first analyzes the definition of sanctions and the different interpretations of the theoretical community,as well as the analysis of the multilateral sanctions at the UN level that China has participated in and the unilateral sanctions that have been initiated.According to the frequency of China’s sanctions,the results have a turning point.The turning point of time is 2010 and 2020.Listed unilateral sanctions initiated by China,showing that its willingness to sanctions and countermeasures has gradually increased,especially since the Sino-US confrontation has intensified,sanctions and countermeasures have become more frequent and fierce.Only the number of sanctions in 2020-2021 It is on par with the period from 1949 to 2019,in addition to reciprocal countermeasures,and even double sanctions.As far as the effect is concerned,it shows that the purpose of oath,expressive,and punitive is achieved.The second part of the thesis explores the theoretical and practical basis on which the construction of China’ s external sanctions law is based.At the theoretical level,the overall national security concept has made up for shortcomings and gaps in the non-traditional security field.The content of sanctions is not only related to national security,but also closely related to people’ s lives.On a practical level.China is currently facing thorny issues such as international confrontation,terrorism,Taiwan question,and territorial disputes.The non-force and controllability of sanctions are flexible measures that can be used;China is currently implementing the UN Security Council’ s sanctions resolutions.Relying mainly on the Ministry of Foreign Affairs’administrative correspondence forwarding mechanism,there is no clear legal basis,and the departmental laws that can be invoked are scattered and not systematic.Therefore,it is imperative to bring unilateral and multilateral sanctions into the track of the rule of law.The third part of the thesis selects the origin,evolution,structure,characteristics,and practice of the representative sanctions laws of the United States and the European Union in the world,which can be used as a model for us to learn from,but we must also absorb the shortcomings and shortcomings,such as the United States.The United Nations multilateral sanctions,which are mainly involved,have created serious humanitarian crises in Iraq and the former Yugoslavia.The promulgation and implementation of the"1807 Embargo Act" not only failed to achieve the expected results,but caused severe damage to the country.The fourth part of the thesis puts forward the author’ s concrete and feasible measures to build China’ s external sanctions legal system.It mainly includes China’ s unilateral sanctions and international multilateral sanctions.First of all,the basic principles that should be adhered to are the supremacy of the country’s core interests,strict compliance with international law,the principle of proportionality and the principle of reciprocity.As far as legislative suggestions are concerned,relevant legislation that can be invoked should be improved,the implementation of the legalization of UN Security Council resolutions should be put on the agenda,and procedures should be transparent and a complete relief mechanism should be guaranteed.The analysis methods used in the article mainly include normative analysis,comparative analysis and case analysis.Through the comparative analysis method,it horizontally compares the advanced system structure,citation basis,and performance characteristics of mature US and EU sanctions laws,which provides a reference for China’s future legislation.The case analysis method is used in sanctions cases that have not achieved actual results,such as the UN Security Council sanctions against Iraq and the former Yugoslavia and the "1807 Embargo Act" that caused humanitarian disasters. |
