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On China’s Proper Attitude And Coping Strategies For Long Arm Jurisdiction

Posted on:2021-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuoFull Text:PDF
GTID:2416330605458751Subject:International Law
Abstract/Summary:PDF Full Text Request
Today’s international society is manifested in two extremely contradictory aspects:on the one hand,peaceful coexistence among nations,solidarity and mutual assistance,and common development are the main themes of the times;on the other hand,unilateralism and power In terms of political smoke,some countries often wield the big stick of long-arm jurisdiction to interfere in the politics,economy,and culture of other countries,and vigorously promote extraterritorial hegemonism and policies that prioritize their own interests.In order to build a new,harmonious,healthy and stable international relationship,and protect our country and its natural and legal persons from the entanglement and sanctions of unjustified long-arm jurisdiction,in-depth study of the meaning,characteristics and legitimacy of long-arm jurisdiction or long-arm jurisdiction And unjustification,deeply analyze the typical cases of long-arm jurisdiction,clarify our country’s attitude to long-arm jurisdiction,and put forward a reasonable and effective basic strategy for long-arm jurisdiction in accordance with China’s national conditions,so as to be a natural person in China It is not only of great theoretical significance but also of extremely important social practical significance for Hehe Legal Person to engage in market management activities in accordance with the law,and to propose a Chinese plan for the establishment of a new international political and economic order.In view of the above,the author tries to take "On China’s proper attitude and response strategy for long-arm jurisdiction" as the topic.Based on the basic theoretical interpretation of long-arm jurisdiction and analysis of relevant laws and typical cases,the authors have discussed There should be attitudes and coping strategies to present your own opinions.In addition to the introduction and conclusion,the full text includes the following five parts:The first part explains the meaning and characteristics of long-arm jurisdiction.Long-arm jurisdiction has a broad sense and a narrow sense.The so-called narrow-arm jurisdiction refers to the long-arm jurisdiction under the US rule of law system.It refers to a series of long-arm laws and decrees granted by the United States to a court to exercise the right to exercise jurisdiction over a defendant who is not a resident of the state(country)based on a certain substantive connection.It is a kind of jurisdiction over people in the field of civil litigation.The most prominent feature is the emphasis on the so-called "minimum connection" and "proper procedures".The so-called generalized long-arm jurisdiction refers to the long-arm jurisdiction under the context of Chinese legal observation.It refers to the power of a country to influence legal interests beyond its territorial boundaries through legislative,administrative or judicial channels.It refers to a series of different types of jurisdiction and relies on legislation in various fields to obtain foreign legal entities.Jurisdiction.Its characteristics are:the legal basis for exercising long-arm jurisdiction is broad;the geographical scope of long-arm jurisdiction is constantly expanding;the field of matters involved in long-arm jurisdiction is constantly expanding;the so-called "minimum connection" and "procedure proper"principles are emphasized.The second part is the legislation and case analysis of the long-arm jurisdiction.The legislation on which the United States exercises long-arm jurisdiction involves anti-corruption,intellectual property rights,anti-trust,and infringement.The case of the United States exercising long-arm jurisdiction involves many countries in the world.By analyzing the legal basis of the United States ’long arm jurisdiction and related typical cases,it is found that the country’s ways and means of exercising long arm jurisdiction are diverse,including various ways and means of legislation,justice,and administration;"And" proper procedures "and other principles,but there is no lack of strong colors aimed at safeguarding American hegemonism and its own special interests.The third part elaborates the legitimacy and unfairness of the long-arm jurisdiction.It is not difficult to find and discuss long jurisdiction objectively and dialectically.Long-arm jurisdiction has both its legitimacy:rationality based on practical needs;legitimacy based on international law;and its unjustification:it is an important manifestation of extraterritorial hegemonism;It is an important tool of trade protectionism.Therefore,only by maintaining a correct,objective,and dialectical understanding and pre-judgment of long-arm jurisdiction can China establish a scientific,reasonable,and appropriate coping attitude and coping strategy in line with China’s national conditions.The fourth part elaborates China’s attitude towards long-arm jurisdiction.The proper attitude towards long-arm jurisdiction should be neither a compromise nor a confrontation.Instead,it should be viewed dialectically with a developmental perspective and face the challenge with a positive attitude.The fifth part discusses China’s basic strategy for dealing with long-arm jurisdiction.China’s strategy for dealing with long-arm jurisdiction includes not only the natural and legal person level,but also the national level.As far as the former is concerned,the following countermeasures should be adopted:raising their own awareness of intellectual property rights and independent innovation;enhancing their own awareness and ability of overseas compliance operations;and raising their own awareness and ability to actively respond to complaints.In terms of the latter,establish an extraterritorially applicable legal system that complies with the norms of international law;prudently establish a blocking act with Chinese characteristics;and assist companies and individuals to achieve individual case response to strengthen international and domestic coordination.
Keywords/Search Tags:Long arm jurisdiction, Proper attitude, Coping Strategies, Procedural justice, Minimum contact
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