On The Expansion And Application Of The "long-arm Jurisdiction" Of The United States And China's Countermeasures

In recent years,the United States has frequently applied "long-arm jurisdiction" rules to Chinese companies and individuals,cracking down on China's emerging technology companies,and reaping huge profits.The abuse of the "long-arm jurisdiction" rule by the United States is a behavior that ignores the constraints of international law.It not only runs counter to the international obligations that the United States should undertake,but also damages a large number of legitimate rights and interests of Chinese enterprises and citizens,and even infringes upon China's sovereignty.In terms of response methods,China should continue to pay attention to the U.S.'s trend of applying "long-arm jurisdiction" rules,and comprehensively respond at the macro and micro levels to achieve the effect of countering and restraining the abuse of the United States,and safeguarding the legitimate rights and interests of the Chinese state,enterprises,and individuals.Violated.Based on the analysis of the United States' “long-arm jurisdiction” rules,this article explores how China is currently responding to the expansion of “long-arm jurisdiction”from the three levels of international exchanges,domestic legislation,and corporate development by thinking about the illegality of the arrest of Wanzhou Meng.The article introduces the differences in the definition of long-arm jurisdiction rules in the context of China and the United States,and analyzes the evolution of long-arm jurisdiction rules in the United States from several typical cases.At present,every state of the United States has formulated long-arm laws and regulations as the basis for invoking in practice.The U.S.federal courts are also extending their “long arms” more and more frequently to enforce jurisdiction in international commercial disputes,and are trying to enforce jurisdiction from three aspects:legislation,justice,and law enforcement.Through the analysis of some case judgments,the article summarizes the specific connotation of the due process principle that the US long-arm jurisdiction rule needs to comply with when applying,including the principle of minimum contact,the principle of predictability,and the principle of reasonableness.However,in recent years,the practice of long-arm jurisdiction in the United States has shown a tendency to deviate from the principle of due process,the scope of the application of rules has continued to expand,and the number of parties involved in litigation against Chinese companies has rapidly increased.In addition,the United States combines longarm jurisdiction with external sanctions,and has become increasingly tough in terms of means.It often conducts investigations and sanctions after jurisdiction over foreign companies and citizens,and tries to politicize long-arm jurisdiction and remove them from civil litigation jurisdiction system.Long-arm jurisdiction has been transformed into a tool for the United States to target and impede the development of enterprises in other countries.The article sorted out the case of Wanzhou Meng's prosecution,sorted out the timeline and the content of the additional indictment submitted by the United States,and analyzed the charges listed in the additional indictment and the United States' claims that Wanzhou Meng should be governed.The conclusion in this case that the United States forcibly conducted long-arm jurisdiction is unlawful and unreasonable.In response to the abuse of unreasonable long-arm jurisdiction rules from the United States,this article puts forward some suggested measures,including focusing on international judicial communication,improving relevant domestic legislation,and enhancing enterprises' ability to investigate and respond to suits.