【摘要】 《对外关系法》是中国一项新的立法，该项立法对统筹国内法治与涉外法治、通过共商共建共享方式促进全球治理以及推动构建人类命运共同体都极具意义。对外关系既有合作，也有斗争。“一带一路”视域下的《对外关系法》侧重对外合作关系。“一带一路”倡议实施十年的合作实践是中国特色对外关系的典范，其“合作共赢”以达到“共同繁荣”的对外合作关系包括政府间关系和非政府间关系，调整手段则以不具有拘束力的“软法”为主。美国学界编纂《对外关系法重述》和关于国际比较对外关系法的研究都表明，各国或地区对外关系的法律调整都涵盖这两方面关系。中国《宪法》和《对外关系法》规定的对外关系基本原则与有关国内立法的调整对象密切相关，与中国加入的国际条约和国际组织也不无联系。以“一带一路”对外合作关系为例的研究，有助于明确《对外关系法》的调整对象，并认识到将统筹推进国内法治与涉外法治、适用共商共建共享的国际合作原则、推动构建人类命运共同体等对外关系大政方针转化为可适用的“软法”乃至条约等规范形式的重要性。更多还原

【Abstract】 The Foreign Relations Law is a new law in China. It is very significant for the coordination of rule of law in domestic and foreign-related affairs, and the promotion for the global governance by extensive consultations and joint contribution for the shared benefits while creating a community with a shared future for mankind. The foreign relations include cooperations and struggles. This paper is focused on foreign relations of cooperation from the perspective of the Belt and Road(B & R) to study the Foreign Relations Law. The enforcement of B & R for ten years has resulted in a model of cooperation with Chinese characteristics. The foreign relations of cooperation include the governmental and non-governmental relations by win-win cooperation so as to achieve common prosperity. The corresponding instruments are mostly the “soft laws” without legally binding effect. It has been demonstrated by the American Institute’s Restatement on Foreign Relations Law and the comparative study of foreign relations law that the contemporary regulations of foreign relations in different nations and regions include both of governmental and non-governmental relations. The Foreign Relations Law with Chinese characteristics is closely related to China’s Constitution and relevant domestic laws regarding the general principles for foreign relations and the regulatory subjects. It is also related to the China’s accessed international organizations. Taking B & R foreign relations of cooperation as an example, it is helpful to understand the regulatory subjects of the Foreign Relations Law and the importance to coordinate the rule of law in domestic and foreign-related affairs, to promote the principle of international cooperation by extensive consultations and joint contribution for the shared benefits, and to create a community with a shared future for mankind in order to change the guidelines for foreign relations to be the applicable international law such as “soft laws” or treaties.更多还原