The Essential Issues on the Status of Treaties Should be Introduced in the Constitution

After nearly 30 years of evolution,“the status of treaties should be introduced into the constitution” theory has been established. With regard to the modes by which the status of treaties would be prescribed in Chinese constitution,both transformation approach and compromise approach are undesirable,while adoption approach still needs to be further studied. The issues about classifying self-executing and non-self-executing treaties shall be determined on the basis of the intents of relevant domestic agencies. There exist flaws in both “overall supremacy” doctrine and “classification supremacy” doctrine,which describe the rank of treaties in Chinese legal system. It is necessary to enhance and improve the research on “the status of treaties should be introduced into the constitution” theory.