A Study On U.S.Long-arm Jurisdiction And China’s Response

Long-arm jurisdiction U.S long-arm jurisdiction is a special jurisdiction that has evolved from the traditional system of personal jurisdiction.Long-arm jurisdiction has undergone expansion from the state level to the federal level and the expansion of long-arm statutes to the Federal Rules of Civil Procedure.In addition,long-arm jurisdiction has further developed in the course of its practical application: the criteria for its use have been further refined,and the areas of application have been further expanded.Long-arm jurisdiction is increasingly becoming the main legal tool for sanctioning competitors.The sky-high fines against Alstom in France,the sanctions against Ericsson in Sweden,the all-round blocking of Huawei and the frenzied siege of Tik Tok.From Europe to China,from the financial sector to the technology sector,the long-armed jurisdiction of the United States figures everywhere.The U.S.uses domestic law instead of international law,and uses various grounds such as anti-corruption,anti-money laundering,anti-monopoly,etc.to exercise "long-arm jurisdiction" to impose sanctions on other countries,which has seriously threatened the legal security and legal sovereignty of all countries.In recent years,China’s industrial structure has been optimized and its economy has grown at a rapid pace,becoming an important traction for the world economy.The U.S.-China trade deficit in goods has been widening year by year,and the U.S.has been suppressing China economically,restricting China in trade,and besieging China in the financial and technological fields.After taking office,the Biden administration continues to pursue a "compete to win" strategy toward China,viewing China as a strategic competitor and containing its rise.In order to continue to dominate the world economy,the U.S.has introduced various suppressive measures to encircle the Chinese economy,and the legitimate interests of Chinese companies have long been persecuted by the U.S.long-arm jurisdiction.In his report to the 20 th Party Congress,General Secretary Xi Jinping clearly pointed out that China should improve its anti-interference and anti-long-arm jurisdiction mechanisms.Therefore,China should improve anti-sanctions and anti-long-arm jurisdiction laws and regulations,build a legal system for extraterritorial application of laws,and enrich the legal toolbox for foreign-related rule of law struggles.Except for introduction and conclusion,this thesis consists of the following four parts.The first part: Overview of U.S.long-arm jurisdiction.Using the method of historical research,the definition,development history and operation mechanism of U.S.long-arm jurisdiction are introduced.The U.S.long-arm jurisdiction has a long history and is a complex system of civil litigation in the U.S.,and the two have been defined differently by American scholars and domestic scholars.In addition,the U.S.has formed a complete legal system to protect its interests through efficient decision-making and management agencies and law enforcement agencies.The second part: By means of graphical analysis,the abuse of long-arm jurisdiction by the U.S.against China is elaborated.The characteristics of the sanctioned Chinese enterprises and the adverse effects of the U.S.abuse of long-arm jurisdiction against China are discussed.The U.S.abuse of long-arm jurisdiction against China has evolved in practice and exhibited new features.In addition,the U.S.abuse of long-arm jurisdiction against China violates China’s judicial sovereignty,threatens the construction of "One Belt,One Road",hinders the development of Chinese enterprises,and is not conducive to the positive development of Sino-U.S.relations.The third part: Literature analysis method.To study the problems of China’s response to U.S.long-arm jurisdiction.First,the current legal status of the Blocking Measures is relatively low,which brings "dilemma" to our enterprises in the process of concrete implementation.Second,the operation mechanism,relief mechanism and supporting mechanism of the Anti-Foreign Sanctions Act are not clear;the standard of "discriminatory restrictive measures" is vague.Third,the construction of China’s foreign-related rule of law system is relatively backward.The main manifestation is that the foreign-related role of the courts has not been better highlighted;the extraterritorial effect of some laws is still missing and the training of foreign-related rule of law talents is insufficient.The fourth part: Proposing suggestions for China to deal with the abuse of long-arm jurisdiction in the United States.Through reading the literature,reviewing information and other literature research,put forward specific measures for China to deal with the abuse of long-arm jurisdiction in the United States.Firstly,we should promote the formation of a systematic and complete blocking legal system in China: enact the Blocking Law to clarify the object and scope of application of blocking;crack the "dilemma" faced by enterprises.Second,improve the Anti-Foreign Sanctions Law.Establish a clear mechanism of operation,relief mechanism and supporting mechanism;clarify the concept of "discriminatory restrictive measures" and the application criteria.Third,promote the construction of foreign-related rule of law.Set up foreign-related circuit courts,establish extraterritorial provisions of relevant laws and increase the training of foreign-related rule of law talents.The U.S.uses the means of long-arm jurisdiction to block and contain China’s development,and the pace of the "Great Siege" on China has further accelerated.In order to resolutely oppose the restriction and spread of U.S.legal imperialism,better improve the construction of China’s foreign-related rule of law and alleviate the situation of enterprises being attacked,it is urgent to discuss China’s countermeasures.