An Analysis On US’ Long-arm Jurisdiction Principle And China’s Response

In the past year,the US’ sanctions on ZTE and HUAWEI have continued to simmer,and an increasing number of Chinese companies have suffered losses due to the sanctions.Know yourself and your enemy,and you will win a hundred battles.Therefore,in order to avoid and counter the abuse of the long-arm jurisdiction by US and protect the legitimate rights and interests of Chinese enterprises,it is necessary to further clarify the origin,operation mechanism and development motivation of the long-arm jurisdiction in the US,and take relevant measures to mitigate the adverse effects of the continuous expansion of the long-arm jurisdiction in the US.The US’ long-arm jurisdiction is the result of the court of jurisdiction,but as time migration,to continuously develop new personal jurisdiction standards,from the international shoe company v.Washington’s standard of "minimum contact" to shoot "standard" of the theory of long arm jurisdiction scope covered by more and more generalization,also a threat to the rest of the world increasingly,ZTE case is the typical case of its applying.In 2018,ZTE was subject to the US’ long-arm and paid a hefty fine for violating EAA and EAR by selling US’ hardware and software to Iran.The reason is that the US side adopted the "effectiveness standard" and "voluntary compliance principle" as the basis for its application of long-arm jurisdiction.In order to maintain its hegemonic status,the US’ long-arm jurisdiction has been continuously expanding in recent years,from the jurisdiction of interstate issues to the jurisdiction of international issues,from the long-arm legislative power to the long-arm judicial and law enforcement,and the scope and means of application have been constantly strengthened and upgraded.Although the United States frequently uses the long-arm jurisdiction as the "world police",and many enterprises suffer from it,but its "too long" long-arm jurisdiction in the legal logic of self-consistency.In the case of ZTE,while China is still a member of the Iran nuclear agreement,the long-arm jurisdiction over ZTE dealing with Iran lacks the basis of international law.The long-arm legislative power also violates the basic principle of sovereignty in national law and the principle of due process in its long-arm enforcement power.However,the US’ long-arm jurisdiction will not stop the pace of expansion because of its violation of international law.Therefore,in order to protect Chinese enterprises going abroad and curb the continuous expansion of the long-arm jurisdiction,China’s legislative,judicial,law enforcement departments and enterprises should coordinate and coordinate.The legislature could follow the example of the European Union and set up a blocking bill,which would exempt its nationals from us sanctions,thus providing a domestic legal basis for evading the long-arm jurisdiction of the us.Domestic authorities could set up a new currency settlement mechanism,bypassing the us,to emulate the EU and Iran.At the same time,domestic enterprises should also strengthen the compliance construction of their own enterprises,familiar with foreign laws,to prevent the enterprise may face risks.Finally,the state can coordinate with the enterprises to resort to the WTO dispute settlement mechanism.Even if the WTO cannot make an effective decision immediately,it can also promotethe settlement of disputes.This paper conducts a theoretical study of international law on the long-arm jurisdiction of the United States,and attempts to carry out empirical and historical research on it in combination with the case of the United States imposing sanctions on ZTE,so as to have a more objective and specific understanding of the long-arm jurisdiction of the United States,and at the same time provide impetus for China’s research on long-arm jurisdiction.