多边合作机制中国际软法适用的完善路径
Completion Approaches of International Soft Law in Multilateral Cooperation Mechanism

“一带一路”合作机制是我国发挥主观能动性加强对外联系，践行人类命运共同体的中国特色多边合作机制。该多边合作机制将诸多国家联系起来，牵涉多方利益，相较于硬法，国际软法是目前维系其秩序的妥善规则。但由于国际软法不具有法律约束力的天然特性，“一带一路”合作机制中国际软法效力和实施问题受人关注。关于效力问题，本文认为制定“一带一路”合作机制的软法规则应注重各方利益的平衡以及注重规则的专业科学性，减少软法特点带来的效力局限性。关于实施问题，本文认为构建与软法规则配套的基础制定、机构、组织才能更好的发挥软法的作用。
The “Belt and Road” cooperation mechanism is a multilateral cooperation mechanism with Chinese characteristics in which China gives play to its subjective initiative to strengthen external ties and practice a community of shared future for mankind. Because the cooperation mechanism links many countries and involves many interests, compared with hard law, international soft law is the proper rule to maintain its order at present. However, due to the nature that international soft law is not legally binding, the effectiveness and implementation of international soft law in the “Belt and Road” cooperation mechanism has attracted attention. On the issue of effectiveness, this paper believes that the formulation of soft laws and regulations of the “Belt and Road” cooperation mechanism should pay attention to the balance of interests of all parties and pay attention to the professional and scientific rules, so as to reduce the effectiveness limitations brought by the characteristics of soft law. As for the implementation problem, this paper holds that only by constructing the basic formulation, institutions and organizations supporting the soft laws and regulations can the role of soft laws be better played.