| Extraterritorial application of public law is derived from the structural evolution of the international system,and has a unique political,economic and ideological background under economic globalization,that is,there are tensions and limitations among diverse and complex international political relations,objectively existing extraterritorial application needs,uncoordinated conflicts of national interests,and lacking international related norms.With the emergence of the need for extraterritorial application of public law,the transformation of the concept of national sovereignty,the breakthrough of Public Law Taboo and the evolution of legal form,the theory of extraterritorial application of public law has a certain existence foundation.Theoretically,as the product of mutual compromise and integration of public law territorialism and private law autonomy,it represents the inevitable trend of economic globalization to a certain extent.In recent years,due to the change of American international law concept,it has changed from adhering to strict territorialism to advocating the supremacy of national interests.Therefore,it has become more and more arbitrary and arbitrary in the extraterritorial application of public law,which makes the extraterritorial application of public law have serious legal,diplomatic and moral tension.In practice,it not only integrates legislative power,judicial power and law enforcement power,which greatly expands the scope of extraterritorial application of public law,but also embodies the instrumental nature of extraterritorial application of public law.With the difficulty of efficient coordination of national jurisdictions and the lack of international structural coordination mechanism,the wanton expansion of the extraterritorial application of American public law is accompanied by the risk of violating the sovereignty of other countries,which easily leads to condemnation and resistance from other countries.At present,the frequent practice of extraterritorial legislation,judicature and law enforcement in the United States,whether it is the self-restraint of American domestic law or the restriction of international law on the extraterritorial application of public law,has certain limitations,which makes it difficult to effectively solve the problem of excessive extraterritorial application of public law in the United States.As a matter of fact,both the legal basis of extraterritorial application of American public law and its specific practical field have caused many controversies,such as the confused use of extraterritorial application of American public law and the concept of proximity(extraterritorial jurisdiction and long-arm jurisdiction),the international legal basis for extraterritorial application of American public law,whether extraterritorial application of American public law is contrary to the rules of international law,and the reasonable limits of extraterritorial application of American public law.In order to find a reasonable solution,this paper,based on answering these questions,clarifies the operation mechanism and practice rules of extraterritorial application of public law in the United States.At the same time,from an international perspective,it analyzes the important practice of the international community to resist the excessive extraterritorial application of public law in the United States.Finally,based on China,it puts forward some regulatory suggestions at the level of international law and domestic law in China. |
