中华人民共和国缔结条约程序法
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(单词翻译:双击或拖选)
 

(Adopted at the 17th Meeting of the Standing1 Committee of the Seventh National People's Congress on December 28, 1990, promulgated2 by Order No. 37 of the President of the People's Republic of China on December 28, 1990, and effective as of the same date)
颁布日期:19901228  实施日期:19901228  颁布单位:全国人大常委会

  Article 1 The present Law is enacted3 in accordance with the Constitution of the People's Republic of China.

  Article 2 This Law shall be applicable to bilateral4 or multilateral treaties and agreements and other instruments of the nature of a treaty or agreement concluded between the People's Republic of China and foreign states.

  Article 3 The State Council, that is, the Central People's Government, of the People's Republic of China shall conclude treaties and agreements with foreign states.

  The Standing Committee of the National People's Congress of the People's Republic of China shall decide on the ratification5 and abrogation6 of treaties and important agreements concluded with foreign states.

  The President of the People's Republic of China shall, in accordance with decisions of the Standing Committee of the National People's Congress, ratify7 and abrogate8 treaties and important agreements concluded with foreign states.

  The Ministry9 of Foreign Affairs of the People's Republic of China shall, under the leadership of the State Council, administer the specific affairs concerning the conclusion of treaties and agreements with foreign states.

  Article 4 The People's Republic of China shall conclude treaties and agreements with other states in the name of:

  (1) the People's Republic of China;

  (2) the Government of the People's Republic of China;

  (3) the governmental departments of the People's Republic of China.

  Article 5 The decision to negotiate and sign treaties and agreements shall be made according to the following procedures:

  (1) in the case of a treaty or agreement to be negotiated and signed in the name of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation and draw up a draft treaty or agreement of the Chinese side and submit it to the State Council for examination and decision;

  (2) in the case of a treaty or agreement to be negotiated and signed in the name of the Government of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall make a recommendation and draw up a draft treaty or agreement of the Chinese side and, after consultation10 with the Ministry of Foreign Affairs, submit it to the State Council for examination and decision. In the case of an agreement concerning a specific line of business, its Chinese draft shall, with the consent of the State Council, be examined and decided11 upon by the department concerned under the State Council or when necessary in consultation with the Ministry of Foreign Affairs;

  (3) agreements to be negotiated and signed in the name of a governmental department of the People's Republic of China concerning matters within the scope of functions and powers of the department concerned shall be decided upon by the department itself or after consultation with the Ministry of Foreign Affairs. In the case of an agreement relating to matters of major importance or matters falling within the functions and powers of other departments under the State Council, the department concerned shall submit it by itself or after consultation with the other departments concerned under the State Council, to the State Council for decision. The draft agreement of the Chinese side shall be examined and decided upon by the department concerned or when necessary in consultation with the Ministry of Foreign Affairs. When major modification12 in the Chinese draft of a treaty or agreement already examined and decided upon by the State Council are necessary as a result of negotiation13, the revised draft shall be submitted to the State Council for examination and decision.

  Article 6 Representatives for negotiating and signing treaties or agreements shall be appointed according to the following procedures:

  (1) In the case of a treaty or agreement to be concluded in the name of the People's Republic of China or the Government of the People's Republic of China, the Ministry of Foreign Affairs or the department concerned under the State Council shall submit a report to the State Council for the appointment of a representative. The full powers of the representative shall be signed by the Premier14 of the State Council, but may also be signed by the Minister of Foreign Affairs.

  (2) In the case of an agreement to be concluded in the name of a governmental department of the People's Republic of China, a representative shall be appointed by the head of the department concerned.

  The letter of authorization15 for the representative shall be signed by the head of the department. Where the head of a department signs an agreement concluded in the name of the governmental department, and where the contracting parties agree that it is necessary for the head of the department to produce full powers, the full powers shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

  The following persons shall dispense16 with full powers for negotiating and signing treaties and agreements:

  (1) the Premier of the State Council, the Minister of Foreign Affairs;

  (2) the head of a diplomatic mission of the People's Republic of China who negotiates and signs treaties and agreements concluded between China and the state to which he is accredited17, unless it is otherwise agreed by the contracting parties;

  (3) the head of a governmental department of the People's Republic of China who negotiates and signs the agreements concluded in the name of his department, unless it is otherwise agreed by the contracting parties;

  (4) the person, dispatched to an international conference or accredited to an international organization by the People's Republic of China, who is at the same time the representative for negotiating treaties or agreements in that conference or organization, unless it is otherwise agreed by the conference or otherwise provided for in the constitution of the organization.

  Article 7 The ratification of treaties and important agreements shall be decided upon by the Standing Committee of the National People's Congress.

  The treaties and important agreements referred to in the preceding paragraph are as follows:

  (1) treaties of friendship and cooperation, treaties of peace and similar treaties of a political nature;

  (2) treaties and agreements relating to territory and delimitation of boundary lines;

  (3) treaties and agreements relating to judicial18 assistance and extradition19

  (4) treaties and agreements which contain stipulations inconsistent with the laws of the People's Republic of China;

  (5) treaties and agreements which are subject to ratification as agreed by the contracting parties; and

  (6) other treaties and agreements subject to ratification.

  After the signing of a treaty or an important agreement, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit it to the State Council for examination and verification; the State Council shall then refer it to the Standing Committee of the National People's Congress for decision on ratification; the President of the People's Republic of China shall ratify it in accordance with the decision of the Standing Committee of the National People's Congress.

  After the ratification of a bilateral treaty or an important bilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of ratification with the other contracting party. After the ratification of a multilateral treaty or an important multilateral agreement, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of ratification with the depositary state or international organization. The instrument of ratification shall be signed by the President of the People's Republic of China and countersigned20 by the Minister of Foreign Affairs.

  Article 8 After the signing of the agreements and other instruments of the nature of a treaty which do not fall under paragraph 2, Article 7 of this Law and which are subject to approval as prescribed by the State Council or as agreed by the contracting parties, the Ministry of Foreign Affairs or the departments concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall submit them to the State Council for approval. After the approval of agreements and other instruments of the nature of a treaty, in the case of a bilateral one, the Ministry of Foreign Affairs shall execute the formalities for the exchange of the instruments of approval with the other contracting party or for mutual21 notification of the approval by diplomatic notes. In the case of a multilateral one, the Ministry of Foreign Affairs shall execute the formalities for the deposit of the instrument of approval with the depositary state or international organization concerned. The instrument of approval shall be signed by the Premier of the State Council, but may also be signed by the Minister of Foreign Affairs.

  Article 9 After the signing of the agreements which need no decision on ratification by the Standing Committee of the National People's Congress or approval by the State Council, the agreements shall be submitted by the departments concerned under the State Council to the State Council for the record, except those agreements concluded in the name of the governmental departments of the People's Republic of China which are to be submitted by these departments to the Ministry of Foreign Affairs for registration22.

  Article 10 If the two contracting parties need to go through different domestic legal procedures for the entry into force of the same treaty or agreement, the said treaty or agreement shall enter into force after the accomplishment23 by the two parties of their respective legal procedures and the mutual notification by diplomatic notes.

  After the signing of the treaties and agreements listed in the preceding paragraph, the formalities of ratification, approval, entry on the record or registration shall be executed as the case requires in accordance with Articles 7, 8 or 9 of this Law. The formalities of notification by note shall be completed by the Ministry of Foreign Affairs.

  Article 11 The decision to accede24 to multilateral treaties or agreements shall be made by the Standing Committee of the National People's Congress or the State Council as the case requires. The procedures for acceding25 to multilateral treaties and agreements shall be as follows:

  (1) to accede to a multilateral treaty or an important multilateral agreement listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for examination and verification; the State Council shall then refer it to the Standing Committee of the National People's Congress for decision on accession. The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs;

  (2) to accede to a multilateral treaty or agreement other than those listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for decision on accession.

  The instrument of accession shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs.

  Article 12 The decision to accept a multilateral treaty or an agreement shall be made by the State Council.

  In the case of a multilateral treaty or agreement containing clauses of acceptance which is signed by the Chinese representative or does not require any signature, the Ministry of Foreign Affairs or the department concerned under the State Council in conjunction with the Ministry of Foreign Affairs shall make a recommendation after examination and submit it to the State Council for decision on acceptance. The instrument of acceptance shall be signed by the Minister of Foreign Affairs, and the specific formalities executed by the Ministry of Foreign Affairs.

  Article 13 A bilateral treaty or agreement concluded by the People's Republic of China with a foreign state shall be done in the Chinese language and the official language of the other contracting party, both texts being equally authentic26. When necessary, a text in the language of a third state agreed upon by the two contracting parties may be executed in addition as a third, equally authentic, official text or an unofficial text for reference. It may be stipulated27 by agreement of the two contracting parties that the third text shall prevail in case of divergence28 of interpretation29 of the treaty or agreement.

  For agreements on specific lines of business and treaties and agreements concluded with international organizations, a single language fairly commonly used internationally may also be used by agreement of the two contracting parties or in accordance with the provisions of the constitutions of the international organizations concerned.

  Article 14 Signed originals of bilateral treaties and agreements concluded in the name of the People's Republic of China or the Government of the People's Republic of China and copies of multilateral treaties and agreements certified30 as true by the depositary states or international organizations concerned shall be deposited with the Ministry of Foreign Affairs. Signed originals of bilateral agreements concluded in the name of the governmental departments of the People's Republic of China shall be deposited with these departments.

  Article 15 A treaty or an important agreement of which the Standing Committee of the National People's Congress has decided on ratification or accession shall be published in the bulletin of the Standing Committee of the National People's Congress. The measures for publishing other treaties and agreements shall be made by the State Council.

  Article 16 Treaties and agreements concluded by the People's Republic of China shall be compiled by the Ministry of Foreign Affairs into a collection of the Treaties of the People's Republic of China.

  Article 17 Treaties and agreements concluded by the People's Republic of China shall be registered with the Secretariat of the United Nations by the Ministry of Foreign Affairs in accordance with the relevant provisions of the United Nations Charter. Treaties and agreements concluded by the People's Republic of China that require registration with other international organizations shall be registered by the Ministry of Foreign Affairs or the departments concerned under the State Council in accordance with the respective constitutions of the international organizations.

  Article 18 The procedures for the conclusion of a treaty or an agreement with an international organization by the People's Republic of China shall follow this Law and the constitution of the relevant international organization.

  Article 19 The procedures for amendment31 to, abrogation of and withdrawal32 from treaties and agreements concluded by the People's Republic of China shall follow mutatis mutandis the procedures for the conclusion of the treaties and agreements in question.

  Article 20 The State Council may make regulations in accordance with this Law for its implementation33.

  Article 21 This Law shall enter into force as of the date of promulgation



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
3 enacted b0a10ad8fca50ba4217bccb35bc0f2a1     
制定(法律),通过(法案)( enact的过去式和过去分词 )
参考例句:
  • legislation enacted by parliament 由议会通过的法律
  • Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹
4 bilateral dQGyW     
adj.双方的,两边的,两侧的
参考例句:
  • They have been negotiating a bilateral trade deal.他们一直在商谈一项双边贸易协定。
  • There was a wide gap between the views of the two statesmen on the bilateral cooperation.对双方合作的问题,两位政治家各自所持的看法差距甚大。
5 ratification fTUx0     
n.批准,认可
参考例句:
  • The treaty is awaiting ratification.条约正等待批准。
  • The treaty is subject to ratification.此条约经批准后才能生效。
6 abrogation JIXyI     
n.取消,废除
参考例句:
  • China regrets the abrogation of the Anti-Ballistic Missile Treaty. 中国对《反弹道导弹条约》失效感到遗憾。
  • Measures for the abrogation shall be stipulated by the State Council. 废除的办法由国务院制定。
7 ratify uATzc     
v.批准,认可,追认
参考例句:
  • The heads of two governments met to ratify the peace treaty.两国政府首脑会晤批准和平条约。
  • The agreement have to be ratify by the board.该协议必须由董事会批准。
8 abrogate yytz2     
v.废止,废除
参考例句:
  • When can we abrogate the national boundaries all over the world?什么时候可以在全球取消国界?
  • A government may abrogate any unfair treaties.政府可以取消任何不公平的条约。
9 ministry kD5x2     
n.(政府的)部;牧师
参考例句:
  • They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
  • We probed the Air Ministry statements.我们调查了空军部的记录。
10 consultation VZAyq     
n.咨询;商量;商议;会议
参考例句:
  • The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。
  • The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。
11 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
12 modification tEZxm     
n.修改,改进,缓和,减轻
参考例句:
  • The law,in its present form,is unjust;it needs modification.现行的法律是不公正的,它需要修改。
  • The design requires considerable modification.这个设计需要作大的修改。
13 negotiation FGWxc     
n.谈判,协商
参考例句:
  • They closed the deal in sugar after a week of negotiation.经过一星期的谈判,他们的食糖生意成交了。
  • The negotiation dragged on until July.谈判一直拖到7月份。
14 premier R19z3     
adj.首要的;n.总理,首相
参考例句:
  • The Irish Premier is paying an official visit to Britain.爱尔兰总理正在对英国进行正式访问。
  • He requested that the premier grant him an internview.他要求那位总理接见他一次。
15 authorization wOxyV     
n.授权,委任状
参考例句:
  • Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
  • You cannot take a day off without authorization.未经批准你不得休假。
16 dispense lZgzh     
vt.分配,分发;配(药),发(药);实施
参考例句:
  • Let us dispense the food.咱们来分发这食物。
  • The charity has been given a large sum of money to dispense as it sees fit.这个慈善机构获得一大笔钱,可自行适当分配。
17 accredited 5611689a49c15a4c09d7c2a0665bf246     
adj.可接受的;可信任的;公认的;质量合格的v.相信( accredit的过去式和过去分词 );委托;委任;把…归结于
参考例句:
  • The discovery of distillation is usually accredited to the Arabs of the 11th century. 通常认为,蒸馏法是阿拉伯人在11世纪发明的。
  • Only accredited journalists were allowed entry. 只有正式认可的记者才获准入内。
18 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
19 extradition R7Eyc     
n.引渡(逃犯)
参考例句:
  • The smuggler is in prison tonight,awaiting extradition to Britain.这名走私犯今晚在监狱,等待引渡到英国。
  • He began to trouble concerning the extradition laws.他开始费尽心思地去想关于引渡法的问题。
20 countersigned 5cb4717a419d7abbe58486297a955913     
v.连署,副署,会签 (文件)( countersign的过去式 )
参考例句:
  • "Behold your papers, Jarvis Lorry, countersigned." “看看你们的证件吧!贾维斯 - 罗瑞,已经签过字了。” 来自英汉文学 - 双城记
  • The payment has to countersigned by the mortgagor. 该付款必须有抵押人的会签。 来自口语例句
21 mutual eFOxC     
adj.相互的,彼此的;共同的,共有的
参考例句:
  • We must pull together for mutual interest.我们必须为相互的利益而通力合作。
  • Mutual interests tied us together.相互的利害关系把我们联系在一起。
22 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
23 accomplishment 2Jkyo     
n.完成,成就,(pl.)造诣,技能
参考例句:
  • The series of paintings is quite an accomplishment.这一系列的绘画真是了不起的成就。
  • Money will be crucial to the accomplishment of our objectives.要实现我们的目标,钱是至关重要的。
24 accede Gf8yd     
v.应允,同意
参考例句:
  • They are ready to accede to our request for further information.我们要是还需要资料,他们乐于随时提供。
  • In a word,he will not accede to your proposal in the meeting.总而言之,他不会在会中赞成你的提议。
25 acceding fdc6a5c44b984639e94750ce5e05a6e8     
v.(正式)加入( accede的现在分词 );答应;(通过财产的添附而)增加;开始任职
参考例句:
  • After all, political careers depend acceding tothe demands the central government. 毕竟政治事业是要满足中央政府的要求的。 来自互联网
  • Shall you have any problem acceding the folders, please let me knows. 如果存取文件有任何问题请和我联系。 来自互联网
26 authentic ZuZzs     
a.真的,真正的;可靠的,可信的,有根据的
参考例句:
  • This is an authentic news report. We can depend on it. 这是篇可靠的新闻报道, 我们相信它。
  • Autumn is also the authentic season of renewal. 秋天才是真正的除旧布新的季节。
27 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
28 divergence kkazz     
n.分歧,岔开
参考例句:
  • There is no sure cure for this transatlantic divergence.没有什么灵丹妙药可以消除大西洋两岸的分歧。
  • In short,it was an age full of conflicts and divergence of values.总之,这一时期是矛盾与价值观分歧的时期。
29 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
30 certified fw5zkU     
a.经证明合格的;具有证明文件的
参考例句:
  • Doctors certified him as insane. 医生证明他精神失常。
  • The planes were certified airworthy. 飞机被证明适于航行。
31 amendment Mx8zY     
n.改正,修正,改善,修正案
参考例句:
  • The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
  • The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。
32 withdrawal Cfhwq     
n.取回,提款;撤退,撤军;收回,撤销
参考例句:
  • The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。
  • They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。
33 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
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