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Research On China's Legal Issues On Long-arm Jurisdictio

Posted on:2024-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y M XiaoFull Text:PDF
GTID:2556306914966039Subject:Law
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With the expansion of US hegemonism,especially during the Trump administration,Sino-US trade wars have occurred frequently,and cases of the United States abusing long-arm jurisdiction over China have been common,which has seriously affected China’s economic development.Therefore,it is of great significance to study how to deal with the abuse of long-arm jurisdiction by the United States.This paper provides a comprehensive analysis of the issues related to the jurisdiction of the long arm.Firstly,by studying the basic theoretical issues of long-arm jurisdiction,the meaning of long-arm jurisdiction in this paper is clarified.And by analyzing the origin and expansion of long-arm jurisdiction,it can be seen that China,as the number one competitor of the US economy,will surely be the object of long-term suppression by the long-arm jurisdiction of the United States.Secondly,starting from some typical cases of the United States abusing long-arm jurisdiction in China’s criminal,economic and other fields,the negative impact of long-arm jurisdiction on China is analyzed.Thirdly,by sorting out the relevant laws and measures for China’s long-arm jurisdiction,the shortcomings of China’s long-arm jurisdiction are summarized.Finally,in view of China’s shortcomings in dealing with the long-arm jurisdiction of the United States,it is proposed to counteract the long-arm jurisdiction in legislation by improving relevant countermeasures legislation and clarifying the extraterritorial effect of domestic laws.It is proposed to counter long-arm jurisdiction in the judicial and law enforcement fields by using the principle of reciprocity and the principle of restriction.Propose strategies to help enterprises cope with long-arm jurisdiction by helping them improve their risk response capabilities and litigation response capabilities.If a country wants to develop,it will inevitably be regarded by the United States as an object that threatens its hegemony,and it will inevitably be sanctioned by the long-arm jurisdiction of the United States.Doing a good job in long-term response and studying coping strategies will be a long-term and important topic in the field of law.
Keywords/Search Tags:Long-arm Jurisdiction, Minimal Contact Principle, Rules on Counteracting, Counter-measure
PDF Full Text Request
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