无论国家大小,国家利益的定位都是头等大事,包括对国家利益的基本属性与内容的定位。实际上,国家利益的属性与内容的定位关系着国家对待包括国际法问题的外交政策的基本走向与手段选择,成为衡量国家外交政策理性程度的价值标准。中国共产党在2012年11月召开的十八大发布的报告也指出:“坚定维护国家利益和我国公民、法人在海外合法权益,加强同世界各国交流合作,推动全球治理机制变革,积极促进世界和平发展,在国际事务中的代表性和话语权进一步增强,为改革发展争取了有利国际环境。”这句话表达了当前时期执政党对于维护中国国家利益与我国公民、法人在海外合法权益的决心以及手段选择。但是,国家利益的属性是什么,包括哪些具体内容,是一个困扰各个国家的决策层与中外学者的难解之题。尤其是对和平崛起的中国来说,国家利益更是处于一个复杂变动的状态,这也彰显出对其属性与具体内容进行准确定位的难度。无疑,在和平崛起的大背景下,对国家利益的属性与内容进行准确定位,对于作为大国的中国的外交战略与策略,包括国际法上的战略与策略,有着重要的理论与现实意义。 Regardless of the size of a country, the positioning of the national interest is the top priority, including the positioning of the basic attributes and content of the national interest. In fact, the localization of the national interest and the positioning of its content are related to the choice of the country’s foreign policy toward international law and the choice of means, and have become the standard of value for measuring the rationality of the foreign policy of the country. The report released by the CPC on the 18th CPC National Congress in November 2012 also pointed out: “We will unswervingly safeguard the interests of our country and the legitimate rights and interests of our citizens and legal persons overseas. We will strengthen exchanges and cooperation with all countries in the world, promote the reform of the global governance mechanism and actively promote the world Peaceful development, the representation and voice in international affairs have been further strengthened and an advantageous international environment has been strived for the reform and development. ”This sentence expresses the ruling party’s current position that the ruling party is very concerned about safeguarding the national interests of China and the legitimate rights and interests of Chinese citizens and legal persons abroad Determination and choice of means. However, what is the nature of the national interest, including what specific content, is a problem that has plagued the decision makers of various countries and Chinese and foreign scholars. Especially for the peaceful rise of China, the national interest is in a complex state of change, which also highlights the difficulty of accurately locating its attributes and specific content. Undoubtedly, accurately positioning the nature and content of national interests under the background of peaceful rise has an important theoretical and practical significance for China’s diplomatic strategy and strategy as a big nation, including its strategies and tactics in international law.