During the Spring and Autumn Period and the Warring States Period in China, various "countries" exchanged envoys, concluded alliances, concluded treaties, held meetings, conducted mediation, mediation, arbitration and other activities to resolve disputes. There are also some provisions on war and struggle, but the so-called "country" at that time was not a country or country in the modern sense. Therefore, some rules at that time could not be called domestic laws or international laws. Since the Qin Dynasty unified China, China has basically been a unified country, home for two thousand years. Ministries, clans, people and clans around them have become "vassals" of China, actually or nominally protected by China and China, but they are not on an equal footing with China and China. In this case, there is no national or international law at all.
But in the long history, China and China have also exchanged or established trade relations with distant foreign and state-owned envoys. In the Ming Dynasty, Zheng He made seven voyages to the Western Ocean, the Western Ocean and Africa. Foreign countries also sent envoys to China./kloc-After the rise of capital, capital, democracy and justice in Europe in the 6th century, there were more exchanges. However, this relationship between China and foreign countries is intermittent and fragmented. As for China, the thoughts of China, China, imperialism and China have never wavered. Sometimes they adopt an exclusive, independent and respectful attitude towards other countries, and sometimes they adopt a policy of shutting the country out and refusing foreign exchanges. In this case, it is difficult to establish a national, international, legal, original, standardized and harmonious system and degree between China and foreign countries.
In the Middle Ages, that is, from the 5th century to the 14th century, the political situation in Europe and Europe was chaotic, and many small countries in Europe had to accept the decrees of God, the emperors of S? o Paulo, Marty, China and China, so it was difficult to produce national and international laws and regulations. In the16th century, Europeans and Europeans turned the rest of the world into colonies, people and land, introduced legal concepts, and undermined the practices of Europe and many countries outside Europe. For example, China was ruled by the emperor, and all those who were conquered or paid tribute should join the system of China and China and become vassals, agents and countries.
Grotius is the originator of western countries and international law, but his works are based on the theory of natural law developed by predecessors. He continued to insist on the difference between civil law and civil law. And the law of nations he said refers to the laws and regulations whose binding effect comes from the will of all countries and nations or many countries and nations, so he refers to the law of nations, that is, the national law and the family law. After him, English scholars of international law and law adopted the names of international law and family law.
Since 1789, Bentham first used "international law" (later translated into Chinese as "state and international law") to refer to the laws and regulations regulating the relationship between the state and the family, the name "state and international law" has been widely accepted by the state and the international community. However, for a long time, scholars from all over the world have not reached a consensus on the definitions of domestic law and international law.
After 1842, the imperial state system collapsed; China and China began to accept European and European national and international legal systems. 1864, Ding Weiliang translated The Law of Nations (Principles of National and International Law) by Whitton, an American, Chinese, international law and legal scholar. Later, the law of nations was referred to as public law for short. For example, Brunzi's Modern State Law and International Law has been translated into thousands of chapters of public law. By the end of Qing Dynasty, the names of national laws and international laws used by Japan had spread to China, and they became common Chinese names. During the period of 1998, Professor Qiu Hongda and Dr. Qiu, famous scholars of public international law at home and abroad, used digital high technology to reprint The Father of Two Mountains, an ancient book of public international law handed down by Professor Qiu Hanping in the early years of the Republic of China (version of Chongbin Hotel in Kyoto for three years of Tongzhi), and the Federation of Societies of International Law, which was then president of Qiu Hongda, was published in Chinese mainland, Chinese mainland, Taiwan Province, China and northern China.
When studying and formulating national and international laws, a group of scholars generally consider national and international practices first, that is, according to previous national and international practices and treaties, taking the treaties signed by the two countries as a reference, laws, court or arbitration, decisions of other scholars, national academic works, international machinery, structures (such as joint, joint and national) and decisions of relevant countries and countries. According to Article 38 of national and international regulations, laws and court decisions are generally based on treaties, conventions, general laws, legal principles, laws, court decisions and scholars' works.
The characteristics of domestic law and international law mainly include:
1, the subject of state and international law is state, and the subject of domestic law is natural person and legal person.
2. The state and international law are formulated by the state through agreement, while the state and domestic law are formulated by the state, the state, laws and customs according to certain procedures.
3. Domestic laws and international laws adopt different coercive methods from domestic laws. National and international laws mainly rely on organized countries, international powers, machines and customs to guarantee and ensure their implementation, while the way to strengthen and control domestic laws mainly depends on the actions of the country and the country itself.
The basic principles of domestic law and international law refer to the laws and legal principles recognized by all countries in international law, which have universal significance and run through all fields of domestic law and international law and constitute the basis of domestic law and international law. The basic principles of domestic law and international law belong to the category of jus cogens, not principles that can be chosen or abandoned at will. The basic principles of modern domestic law and international law mainly include the five principles of peaceful coexistence and the principle of people's national self-determination.