As one of the approaches to the interpretation of statutory law, the principle of consistent interpretation of domestic and international laws helps to facilitate the domestic implementation of international treaties. In the context of opening up to the outside world, the Supreme People’s Court of China introduces the principle of consistent interpretation in administrative cases of international trade and foreign-related commercial cases, so as to fulfill the obligations of China under international treaties at the domestic level. In these two kinds of cases, the application requirements of this principle are largely the same, but there are differences in whether departmental rules can obstruct the application of this principle, thereby having a crucial impact on the domestic application of international treaties. It is reasonable to apply departmental rules by analogy in administrative cases of international trade. However, courts have paid too much attention to whether WTO agreements have direct applicability and neglected the analysis of the legal validity of applicable departmental rules, resulting in the vagueness of the relationship between principles of consistent interpretation and judicial deference. Departmental rules involved in foreign-related commercial cases are merely the basis of reasoning. Only when specific public order and good morals are involved can departmental rules obstruct the application of the principle of consistent interpretation to a limited extent. Based on the idea of promoting the domestic rule of law and the foreign-related rule of law as a whole, the application scope of the principle of consistent interpretation should be limited to foreign-related legal relations. Consistent interpretation, together with the direct application of treaties, constitutes a legal system of domestic implementation of treaties with Chinese characteristics. |