A Study On The Legal Issues Of China’s Countering The Abuse Of "Long Arm Jurisdiction" By The United States From The Perspective Of International Economic And Trade

"Long-arm jurisdiction" originated from the United States civil procedure system,which was originally used to resolve disputes over interstate civil and commercial jurisdiction in the United States,and was originally intended to be related to the defendant’s claim arising because there was some minimum connection with that state,although the defendant was not domiciled in the state of the forum.Based on this claim,the State is legally entitled to exercise personal jurisdiction over the defendant.However,with the increasing economic and trade activity of the United States,the scope of application of long-arm jurisdiction has been expanded day by day,from the original domestic jurisdiction to extraterritorial jurisdiction,and from the past jurisdiction to legislative jurisdiction and law enforcement jurisdiction.The United States adheres to the principle of "America First" and frequently uses "long-arm jurisdiction" to impose sanctions on foreign entities,which has brought many troubles and problems to Chinese enterprises and entities,and also affected the development of China’s economy to a certain extent.From the perspective of international economy and trade,this paper studies and discusses the "long-arm jurisdiction" of the United States from the two parts of theory and practice,straightens out the connotation of the extraterritorial jurisdiction of the United States,clarifies the connotation of the long-arm jurisdiction of the United States,specifically analyzes the connection between the extraterritorial jurisdiction of the United States and the long-arm jurisdiction,sorts out the restrictions on the exercise of extraterritorial jurisdiction of the United States,and clarifies that the "long-arm jurisdiction" mentioned in this article is subordinate to extraterritorial jurisdiction and is not completely limited to long-arm jurisdiction in US civil litigation.Analyze the emergence and development of long-arm jurisdiction in the United States.At the practical level,starting from the specific cases of "long-arm jurisdiction" encountered by China in international economic and trade,this paper studies the legal basis behind the implementation of "long-arm jurisdiction" by the United States,analyzes the corresponding measures taken by the United States in the process of implementing long-arm jurisdiction and the impact on China,so as to derive the challenges faced by China when encountering the long-arm jurisdiction of the United States,and then analyzes China’s path choice to deal with the "long-arm jurisdiction" of the United States when encountering the "long-arm jurisdiction" of the United States From both domestic and international perspectives,from the perspectives of legislation,law enforcement and justice,explore measures suitable for China to counter the "long-arm jurisdiction" of the United States,that is,from an international perspective,China can actively use international dispute settlement mechanisms such as the WTO and participate in the formulation of international high-standard economic and trade rules to deal with the abuse of "long-arm jurisdiction" by the United States;From a domestic perspective,China can further expand the legal system of foreign-related countermeasures at the legislative level,expand the extraterritorial jurisdiction of Chinese courts in the judicial field,and set up a special anti-sanctions agency at the law enforcement level,change the original law enforcement concept,standardize the procedural legitimacy of administrative organs,and provide corresponding remedies in the process of law enforcement.