Study On Blocking Legal System

From the perspective of the international community,in the context of some countries implementing unilateral sanctions through domestic laws regardless of the rules of international laws for a long time,it is becoming a trend to formulate blocking legal system to deal with extraterritorial jurisdiction and economic sanctions.Blocking legal system is an important means for a country to counter the extraterritorial jurisdiction of another country's laws.The blocking legal system was first used to counter the extraterritorial application of US antitrust law.With the emergence of a large number of international economic sanctions,the scope of the application of the blocking legal system continues to expand and is widely used in the field of resisting extraterritorial economic sanctions.The specific measures of the blocking legal system promulgated by most countries have common features,that is,they mainly include "blocking measure","non-recognition measure","clawing-back measure","notification measure" and "penalty measure",and the scope of application of the blocking legal system mostly cover antitrust laws,transaction control,and bank management.The implementation of the blocking legal system has had a certain effect,including providing a legal basis for safeguarding national interests,and transmitting signals to promote the resolution of disputes between countries.At the same time,there are certain difficulties in the implementation of the blocking legal system.On the one hand,it stems from the design of the clause itself,and on the other hand,its low risk of being prosecuted after violation also causes problems.There are also blocking clauses in China's current legislation.In practice,these clauses play a positive role in safeguarding national sovereignty and the legitimate rights and interests of organizations,institutions and individuals.But on the whole,there are still many deficiencies in the existing clauses in dealing with the complex and changing international situation.In order to effectively cope with the development of international economy and trade,China should speed up the establishment and improvement of the blocking legal system.Under this circumstance,our country should guarantee the normal foreign economic and trade activities,and firmly uphold the national interests,the legitimate rights and interests of citizens and enterprises.