Comment On The Problems Of Private International Law In Gucci And Bank Of China

As one of the top high-end investment destinations in the world,the United States has huge market potential and advanced technology.It also helps Chinese enterprises to grow rapidly in management experience and technological progress.Investment in the United States will become the "going global" for Chinese enterprises in the future.A crucial step toward "going up" is that more and more financial institutions have set up branch offices in the United States.However,in recent years,the United States has often advocated the jurisdiction of long armies for the head offices of domestic banks based on the business locations of overseas branches of banks in the country and used evidence discovery procedures to cross-check the bank headquarters for cross-border evidence.This has infringed upon China's judicial sovereignty seriously,Financial institutions face huge financial costs and face more legal risks in their business dealings.Accepting the jurisdiction of foreign courts and cooperating with the judicial assistance will face legal sanctions in our country.If they refuse and will be sentenced to huge fines outside the territories,the banks will be struggling to manage their operations in the face of a great deal of litigation risk.In view of this,this article takes Gucci and Bank of China as cut-in points.Based on the retrieval of relevant literature resources and the court judgment instruments,the article makes an in-depth study of the cases and compares the differences between the two countries in the present case on the basis of different legal bases The conflicts that arise and a brief analysis of the related conflicts.Finally,the paper summarizes the areas that need to be reconstructed and perfected in our country's foreign-related legislation in order to facilitate the smooth progress of more enterprises' investment in the United States.This article is divided into four parts,the main contents are as follows: The first part is the case review,divided into two sections,introduced the basic case of Gucci and Bank of China case and summarized the focus of this article.The second part analyzes the jurisdiction of the case.Based on the different jurisdictions that China and the United States apply to the Bank of China based on their respective legal systems,the issue of jurisdictional conflicts in this case is revealed.Then the long arm of the Southern District Court of the United States The analysis of the basis of jurisdiction points out the irrationality of its long-arm jurisdiction.Finally,it further proposes that the non-convenience court principle should be used to coordinate the conflicts of jurisdiction in this case.In the third part,the author analyzes theconflict between the two countries in the light of the extraterritorial forensic conflict in the present case,and respectively describes the different propositions that China and the United States have accorded to their own extraterritorial forensics system in the present case.Then,combining the merits of this case with the case-by-case elements of the extradition procedure in this case Comment and put forward the author's opinion.The fourth part is the reflection on this case,from the legislative level to our country's foreign jurisdiction system and judicial assistance mechanism to make our country's financial institutions in overseas investment can reasonably evade the jurisdiction of U.S.courts,to avoid being evidence of the United States Prosecution procedures to reduce the possibility of sanctions or other trade frictions,thereby reducing the legal risk of litigation.