Study On The Coherence Of Anti-sanction Legal System

In recent years,western countries led by the United States have frequently imposed sanctions on China,seriously endangering China’s national security.In order to cope with sanctions,China has gradually established the anti-legal system of sanctions,from the scattered anti-sanctions provisions scattered in the laws and regulations to the legal documents that systematically stipulate the anti-sanctions system.However,the counter-legislation is still in the initial stage,and there are still many disharmony in the legislative design.Based on the legal system of anti-sanctions,this paper studies the legal system and specific system of anti-sanctions from the perspective of legal coherence.The coherence of the legal system has three requirements,they are coherence,system coherence(inside coherence)and concept coherence(outside coherence),This provides a new way of thinking for the improvement of the legal system,this paper aims to analyze the sanctions of the legal system of coherence problems,strengthen the sanctions of the coherence of the legal system,the sanctions legal system harmonious complementary system,perfect the coherent,value balance,guide the development of the sanctions practice,fully implement the constitutional national security goals,further safeguard our country’s national security and interests.The first chapter is the introduction,explaining the basic work of the article research.The second chapter introduces the origin of the nature and development of anti-sanctions,including the nature and types of sanctions,through the analysis of the typical sanctions and Huawei events faced by China,the realistic needs and urgency of anti-sanctions legislation are revealed;it also discusses the constitutional basis of our anti-sanctions legal system and the practice of anti-sanctions in recent years,and summarizes the evolution of anti-sanctions means and legislation.Chapter three is based on the interpretation of the coherence of the legal system,from the legislative level,the applicable situation and object,the protection of the rights and interests of relevant subjects,the working mechanism of anti-sanctions measures,the discretion of punishment,and the coherence with other laws and regulations are analyzed,and the existing coherence problems are found.Chapter four mainly analyzes the coherence of the legal system of foreign counter-sanctions.First of all,from the perspective of the EU blocking the legal system,analyze the integration of the legislative concept and policy,the institutional conflict of the legislation and the path of enhancing the coherence of the legal system.Again,combined with the evolution of the Russian anti-sanctions legal system and the application of the jurisdiction provisions and the prohibition provisions,the effectiveness of the Russian anti-sanctions legal system is analyzed,and the practice of enhancing the coherence of the countermeasures legal system is summarized.The fifth chapter puts forward the improvement suggestions on the basis of the above analysis.First,raise the level of anti-sanctions legislation and avoid anti-sanctions conflicts between the sanctions to enhance the legislative coherence;Secondly,we should improve the procedural provisions,refine the anti-sanctions and punishment provisions,establish the active review system and the differentiated confidentiality system,clarify the authorized subject and the unified implementation agencies,conduct counter-legislation within the framework of the Constitution to enhance the internal coherence;Finally,the legislative mode of combining active attack and passive countermeasures is clarified,the legislative authorization authority of anti-sanctions is clarified,the legislation balances judicial and administrative,the legislative design is based on the principle of proportion,introduces the "principle of effect" and makes full use of international law rules to enhance with other departments,in order to further enhance the outside coherence of the anti-sanctions legal system.