Research On The Legal Isssues Of Long Arm Jurisdiction In The United States

The so-called "long-arm jurisdiction",which is originally referred to as the jurisdiction of the residents of illegal governments in civil litigation,as long as there is "minimum contacts",the US court has jurisdiction.The starting point of this rule is to solve the problem of judicial jurisdiction between states in the United States,and the amendments to the jurisdiction of the "territorial jurisdiction" are in order to promote social and economic development,and later,they will postpone civil litigation.However,in recent years,the United States has exited multilateral treaties and international organizations,intended to conduct jurisdiction on other countries,and at the same time,based on domestic law,the domain validity of domestic law,the use of hegemonism and single-sided to suppress other interests,and continuously expand the long-arm jurisdiction.The scope of application,relax applicable conditions,seriously harms the rights and interests of others.The scope of the long-arm jurisdiction is included in export control,anti-monopoly,anti-corruption,network security,finance,etc.All aspects of the United States and other countries are basically covered by the legal basis of the United States to interfere with other countries,and it is also an embodiment of its unilateralism and hegemonism.Just because of the existence of long-arm jurisdiction,it gives the United States the basis to intervene in the affairs of other countries,and all countries suffer from it,especially China,because of the abuse of long-arm jurisdiction,the operation of China’s foreign-related enterprises,industrial interests and even personal safety are seriously threatened.Facing the long-arm jurisdiction of the United States,China has taken some countermeasures,including blocking legislation,setting up the list of unreliable entities and promulgating anti-foreign sanctions law,but the countermeasures are not perfect and there is still room for improvement.China should further improve the relevant laws,enterprises should strengthen their own compliance control,improve the long-arm jurisdiction response mechanism.This paper intends to study and analyze the concept of long arm jurisdiction from four aspects and analyze the illegality of international law of long-arm jurisdiction.Analysis of the applicable principles and specific cases of the United States to implement long-arm jurisdiction,analysis of their influences and consequences,and put forward countermeasures for China.This paper will be divided into four parts.The first part of the paper will be an overview of long-arm jurisdiction.The conceptual determination from the historical evolution of the US long-arm jurisdiction and the long-arm jurisdiction under the Chinese context.An analysis of the upper conceptual domain jurisdiction of long-arm jurisdiction is analyzed,what is better to understand what long arm jurisdiction is.Then,the legal basis and specific applicability of the long-arm jurisdiction will be combed.The second part of the paper will analyze the legislation and judicial practice of the American long arm jurisdiction,analyze the specific cases and decrees.The third part of the paper will be the international illegal issue of the arm is discussed,respectively,from two aspects of entity illegal and procedures.The fourth part of the paper will discuss the countermeasures for China’s long-armed jurisdiction,learn from the EU and other countries successful experience on the basis of the way China has proposed from legislative,judicial and law enforcement perspectives.