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On The Long Arm Rule Of Jurisdiction In American Law

Posted on:2021-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
GTID:2416330620963782Subject:Legal illicit studies
Abstract/Summary:PDF Full Text Request
Long arm jurisdiction is a unique jurisdiction rule in the United States,which reflects the unique legal culture of the United States.With the increasingly close trade between China and the United States and the increasing number of civil and commercial disputes between the two sides,the long arm jurisdiction rules are more and more frequently applied to the jurisdiction of foreign disputes between the two countries.At the same time,because of its strong power,the United States often makes use of this rule to gain profits and try again and again in disputes with other countries.After the Meng Wanzhou incident,the US made a remarkable request for extradition to Canada.China also firmly protested against the arrest of Meng Wanzhou by the US,believing that the arrest of Meng Wanzhou was a concrete manifestation of the long arm jurisdiction rules imposed by the US.As a civil jurisdiction rule in the United States,long arm jurisdiction has been widely and persistently studied by the academic community.Although this rule is only part of the long arm jurisdiction of the United States,more and more countries have gradually accepted the long arm jurisdiction rule because it has been more and more integrated into the civil litigation or even criminal litigation legislation or jurisprudence of other countries in the international community.However,there are still huge disputes about the rule itself,and its effectiveness has not been widely recognized in the world.Many scholars believe that the application of this rule objectively expands the jurisdiction of one country and violates the judicial sovereignty of other countries.If the judges abuse their discretion,it will inevitably lead to the confusion of the international litigation jurisdiction system.This paper consists of four parts:The first part includes the source of the topic,the research status and innovation at home and abroad.Because there is no specific written legislation of long arm jurisdiction rules,scholars at home and abroad have different views on the understanding of long arm jurisdiction rules.By comparing the research on the long arm jurisdiction rules of scholars in different countries,we realize the new development of the long arm jurisdiction rules in the contemporary society.The second part introduces the history of Meng Wanzhou incident and the position ofour country,explores the origin and development of the long arm jurisdiction rules by the method of historical investigation,and explores the function and function of the long arm jurisdiction rules from the perspective of practical investigation.The nature of the action that the U.S.requires Canadian police to help it extradite Meng Wanzhou because of sanctions against Huawei is extremely bad.In the face of illegal abuse of long arm jurisdiction rules,China should face up to it bravely and fight actively.The third part introduces the application and Enlightenment of long arm jurisdiction rules,especially the application of long arm jurisdiction rules in the United States in recent years.We should treat the rule dialectically,not only to see its positive significance,but also to ignore its negative effect,that is to say,to treat the long arm jurisdiction rule of the United States in two parts,that is to say,to treat the long arm jurisdiction rule dialectically,we should not simply understand that the rule is only the expansion of the jurisdiction of the United States,but also to recognize the rationality and Prospect of its application in the future.The fourth part is the thinking of learning from the long arm jurisdiction rules in our country.Through the study of the long arm jurisdiction rules in the United States,it puts forward three suggestions,namely,to resist the abuse of the long arm jurisdiction rules,to establish the long arm jurisdiction rules in our country and to strengthen judicial communication and exchange among countries.In the face of abuse of long arm jurisdiction rules,blindly boycott has little effect.Therefore,China should strengthen judicial exchanges with other countries and establish its own long arm jurisdiction rules.In this way,we can not only fight back by treating people in their own way,but also deter the parties who abuse the long arm jurisdiction rules.
Keywords/Search Tags:long arm jurisdiction, extraterritorial jurisdiction, owner jurisdiction, extradite
PDF Full Text Request
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