Research On List Of Unreliable Entities

In the context of economic globalization,China's accession to the World Trade Organization has strengthened the cross-border flow of factors of production at home and abroad.In the field of service trade.it is the essence to filter the factors that are not in line with the market environment of our country at that time by formulating the market access commitment form.The listing system of unreliable entities discussed in this paper is aimed at foreign legal entities or individuals that disrupt the socialist market order,block or cut off the supply of Chinese enterprises based on non-commercial needs,and seriously damage the legitimate rights and interests of Chinese enterprises.Restrictions on foreign entities that do not comply with the market order,or more accurately,countermeasures against the us "entity list",are highly targeted and have the nature of economic sanctions.The us department of commerce has had restrictions on Chinese companies since it enacted the export regulations,most notably the $400m us sanctions against ZTE and the inclusion of Huawei on its list of entities.The disruption to the global supply chain of communications equipment and services caused by the blockade and supply interruption has brought the issue of enterprise to the level of international affairs by coaxing other countries to jointly block a Chinese company.In this regard,China can no longer allow it to use trade protectionism to suppress Chinese enterprises.In response to the unilateralism of the United States,China has established a list system of unreliable entities.This system is similar to,but markedly different from,the list of entities set out in the us export administration regulations.The establishment of "list of unreliable entities" in China is a defensive act in full accordance with international practice and a counter-measure,which is essentially to protect the legitimate rights and interests of domestic enterprises from infringement.As f-ar as the present situation is concerned,there is no operation case for reference in the list of unreliable entities in our country,which should be determined largely according to the discretion of relevant departments.Which mean the "listing" actually has great flexibility,can be adjusted according to the specific circumstances of listing directory,not increasing or remains the same,as long as the "foreign trade law,the anti-monopoly law in our country and the related provisions of the state security law.still can cancel the economic sanctions have been taken At a regular press conference,the ministry of commerce released four criteria on the list of potentially unreliable entities,but so far there are no guidelines on what kind of behavior a foreign legal entity should take to initiate the assessment.Although there are laws and regulations such as foreign trade law,anti-monopoly law and national security law for reference,so far there are no cases included in the list of unreliable entities for reference by judicial organs.However,it is certain that these four rules are not independently applicable to individual cases and need to be considered comprehensively in combination with the actual situation.At the legislative level,it is still debatable that the punishment of foreign entities only depends on the three laws mentioned above.Law enforcement agencies,as we know,the law enforcement agencies are generally implemented by the ministries directly under the state council and their authorized provincial administrative agencies.Whether the list of unreliable entities is implemented by the same departments needs to be discussed.In terms of jurisdiction level,according to the provisions of the supreme people's court on several issues concerning the litigation jurisdiction of foreign-related civil and commercial cases,the jurisdiction level of foreign-related cases of first instance is established in the intermediate people's court.There is also a case to be made as to whether foreign entities on the list of unreliable entities still comply with this provision.This paper attempts to have a comprehensive understanding of the formulation,implementation and remedy of the system of listing of unreliable entities in China by studying the international background,referring to the existing institutional policies and academic theories of the same type,and referring to domestic and foreign practice cases.This paper is divided into the following partsIn the first chapter of the main body,the ZTE and Huawei incidents are used as the starting point to analyze the legal effect and legislative basis of the US "entity list" system for such cases.If China wants to fight back against the United States through the "Unreliable Entity List System",it first needs to discuss the punishment methods adopted by China's domestic legal person organizations:second,it clarifies the laws on which the punishment measures are taken by way of example analysis;The punishment methods and legal basis adopted,and further analysis of the relationship between the "unreliable entity list system and the punishment measures taken by domestic legal person organizations in accordance with the provisions of laws and regulations without exceeding the minimum prescribed by law;Chapter 2 of the main text,based on the three parts of the "Foreign Trade Law","Anti-Monopoly Law" and "National Security Law" to understand the legal intent to develop a list of unreliable entities,and to sort out a series of issues such as system implementation and punishment relief Explore how the system should be implemented,and finally compare it with China's review of the "Export Control Law(Draft)";Chapter ? of the main text discusses the sanctions adopted by China by discussing the external sanctions of the United States and the European Union.Analyze the methods of external sanctions that China should adopt in the form of comparative research.Chapter 4 of the main text clarifies the problems arising from the implementation of the unreliable entity list policy,and puts forward opinions and suggestions according to the actual situationIn the concluding part,reviewing the entire article,and the conclusions drawn through the discussion and analysis,we must speed up the construction of China's external sanctions legal system and improve the means of external sanctions.This is not only necessary to maintain national security and corporate interests,but also serves as The international responsibilities and obligations of the world's third largest economy.