China’ S Response To The Abuse Of Long Arm Jurisdiction By The United States

Since the beginning of the new century,the political,cultural and economic exchanges between countries have become increasingly close along with the deepening of the globalization trend.China and the United States,as global market leaders,also trade closely with each other.With the improvement of our country’s Comprehensive National Power and the widening of overseas interests,coupled with the increasing exposure of international competition issues around energy,markets,intellectual property rights,data and other resources,as a developed country at the top of the pyramid,the United States is losing its advantage in this competition,while China has been developing rapidly in recent years.At this time,the United States,in order to protect its own interests,turn around the trade deficit with China,consolidate their "World hegemony" status,through the abuse of long-arm jurisdiction means to limit China’s development.The "long-arm jurisdiction" of the United States refers to the jurisdiction where a non-resident defendant has a connection with the local court at the time of filing the complaint.The concept as a U.S.-specific concept originated in the 1940 s and was finally perfected after decades of evolution.Initially,the rules between states applicable to the scope of civil and administrative litigation were extended to the overseas field,and the scope of application was also broadened to many fields such as economics,criminals,and human rights,making the "coercion and plunder" color of its hegemonism stronger.For a long time,many countries outside the region have suffered from it.Since Donald Trump came to power,his administration has gradually spread the flames of war to China,the current "main battlefield" under the long arm of the United States,and has been in the human rights,anti-corruption,import and export trade,securities and other fields by the United States sanctions,violated China,China’s enterprises and the legitimate rights and interests of citizens.Therefore,there is an urgent need to respond to the abuse of long-arm jurisdiction by the United States.Beginning with the concept of the long-arm jurisdiction of the United States and the analysis of the international jurisprudence of the long-arm jurisdiction of the United States,this thesis introduces the specific concept,origin,development and basic features of the long-arm jurisdiction of the United States,and comments on the rationality of the long-arm jurisdiction of the United States,the concept,relation and difference among "long-arm jurisdiction","extraterritorial jurisdiction" and "extraterritorial application of U.S.Domestic Law" are expounded.After that,by collecting the cases of "long-arm jurisdiction" adopted by the United States against China,we sorted out four typical cases of civil,economic,criminal and human rights sanctions against China,and the four major aspects were subdivided,respectively,the "Tik Tok case" in the field of infringement was introduced in the civil field;the "Henan Tianrui case" in the field of intellectual property rights;the "Dandong Bank case","vitamin C case","ZTE case" and "Meng Wanzhou case" were introduced in the financial field,anti-monopoly field and export control field in the economic field.In the criminal and human rights fields,the "Ho Chi Ping African Bribery Case" and the "Hong Kong Human Rights" incident were discussed.According to these typical cases,the main methods and adverse effects of the United States’ abuse of this means against China are summarized,that is,it can be concluded that the sanctions imposed by the United States against China are mainly through continuously expanding the foundation of domestic laws and regulations in the United States,continuously expanding the scope of application of the principles and fields of long-arm jurisdiction,and constantly using their international influence and the means of national comprehensive strength to exercise long-arm jurisdiction over China,which in turn has led to an increase in the positive conflict between the international litigation jurisdiction of China and the United States,impeding the development of China’s high-tech Enterprises and the real economy.It has also damaged China’s sovereignty and the international community’s legal environment,and adversely affected the normalization and development of Sino-US relations and the improvement of the global governance system.By analyzing the influence of the United States on the long-arm jurisdiction,and commenting on the countermeasures of the countries outside the region,we can gain the practical experience in favor of China.This section brings together the EU and the United Kingdom,Russia,Canada and other countries in the legal and non-legal aspects of the United States sanctions against the detailed measures,it is sorted out according to the similarities and differences of the measures taken,and roughly summarizes the four major types of measures of formulating blocking decrees for legislative blocking,formulating general legislation to counteract,and setting up special response agencies to circumvent and exclude dispute settlement mechanisms on the grounds of violating WTO rules.Then it analyzes the feasibility of using foreign experience for reference from the perspective of China,and discusses the palatability of China’s application of these measures.Based on the analysis of the above-mentioned examples and the experience of foreign countries,this thesis further discusses the countermeasures and suggestions of China against the long-arm jurisdiction of the United States.Such as improve the protection of the rights and interests of Chinese parties to block legislation and actively implement and improve the anti-foreign sanctions legal system;improve the obstruction legislation to protect the rights and interests of Chinese parties and actively implement and improve the legal system against foreign sanctions;China can also actively implement and improve the anti-foreign sanctions system;relevant departments can also respond by changing their functional thinking mode and spontaneously and proactively taking countermeasures.At the enterprise level,enterprises need to correctly understand and grasp the legal rules related to the US long-arm jurisdiction in their corresponding fields to establish a sense of risk prevention and control;and comprehensively assess the compliance risks in trade transactions to strengthen the compliance construction of the enterprise itself;they can also cooperate with other countries to use multilateral mechanisms to actively resist the extraterritorial sanctions imposed by the United States and other countries,and at the same time turn passivity into initiative,and strengthen the ability of enterprises themselves to respond to litigation actively,so as to safeguard their own rights and interests,the goal of reducing the abuse of long-arm jurisdiction by the United States.