Research On The Perfection Of China’s Blocking Statute

On January 9,2021,the Ministry of Commerce of the People’s Republic of my country issued The Measures for Blocking the Improper Extraterritorial Application of Foreign Laws and Measures(hereinafter referred to as the "Blocking Measures").The promulgation of The Blocking Measures signifies that China is establishing countermeasures against improper extraterritorial application of foreign laws and measures represented by the "long-arm jurisdiction" of the United States,which is the great improvement in the way of thinking and practicing in the modernization of the national governance system and governance capabilities.Because China’s laws had few corresponding regulations,the Chinese government and enterprises were easily in a disadvantaged position;And the government could only deal with it through diplomatic channels,which was relatively passive.Moreover,there is only small numbers of cases which can be handled through diplomatic channels,.It is not applicable in for Chinese enterprises which is not universal for enterprises.The promulgation of The Blocking Measures provides effective relief channels for Chinese enterprises to safeguard their legitimate rights and interests,demonstrates the Chinese government’s solemn determination to oppose the improper extraterritorial application of foreign laws and measures,and also reflects China’s responsibility to maintain the international economic and trade order.The Blocking Measures is another breakthrough that China has made in countering the extraterritorial jurisdiction of foreign laws.It is of great significance,but there are also certain flaws that need to be improved.However,the various systems and regulations are quite general and abstract,and some of the them are relatively simple.Therefore,some specific issues should be further clarified to give full play to the certainty of the law.At the same time,since the legal character of The Blocking Measures is a departmental regulation,and is not equal to the law promulgated by the National People’s Congress cannot play a guarantee role to the maximum extent.Therefore,there is still room for improvement and adjustment.Because many Chinese enterprises are facing the risk of secondary economic sanctions from the United States,and the international remedies are real,China can only protect the legal rights of enterprises through the internal legislation.Therefore,only by blocking law system and adopt more scientific and strict regulations,can China responds more better to the severe international situation.The Blocking Measures is not a short-term stress countermeasure,but a first step in China’s legal mechanism for protecting overseas interests.The Blocking Measures is not an independent departmental regulation.We need to look at the layout of the Chinese government for the whole year of 2020.These rise of legislation and countermeasures to a large extent foretell that China’s legislation and enforcement activities responding to and counter foreign economic sanctions against China will be fully launched.Therefore,perfecting the blocking system meets the needs of China’s interests and conforms to the development trends.This article puts forward suggestions to improve the current blocking law system in many aspects.In terms of the scope of application of the law,it is possible to moderately expand the scope of application of the law within the scope of internationally recognized extraterritorial jurisdiction.At the same time,attention should be paid to the convergence with the relevant systems of the special administrative region.Regarding the prohibition of compliance system,a strict standard should be adopted to determine whether the behavior of the relevant subjects violates the prohibition of compliance.Active actions or deliberate negligence should be considered as a violation of the obligation of reform.In terms of applying for compliance with the system,it shall give timely reflection to individuals or entities and guarantee the rights of private subjects according to proper and scientific procedures With regard to the reporting system,the staff of the competent authority should be required to perform the duty of confidentiality through the internal constraints of the law and law enforcement agencies.In terms of the recovery system,it should be consistent with other legal regulations and judicial practices in China.In addition,it also suggests other supporting measures for the effective implementation of the safeguard blocking law system,including the formulation of corresponding administrative and criminal law and regulations to ensure the effectiveness of the law;paying attention to the multi-legal coordination and improving the foreign-related legal system;using multi-means collaboration and multi-country coordination to improve the implementation effect of the blocking law system.