Study On The Extraterritorial Application Of Chinese Law

In the context of economic globalization,the problem of "extraterritorial application of domestic law" is no longer rare.The essence of domestic and foreign application of law is the expansion of a country’s sovereign power and the behavior of dominating international affairs with its own value choice and order regulation.Therefore,the application of domestic and foreign law is not only related to national sovereignty and interests,but also reflects the international status of a country to a certain extent.On February 25,2019,At the second meeting of the Rule of Law Commission of the CPC Central Committee,General Secretary Xi Jinping proposed for the first time to "accelerate the construction of a legal system applicable outside the law in China".In October 2022,General Secretary Xi Jinping also proposed to build a report of international relations entitled "Hold high the Great banner of Socialism with Chinese Characteristics and strive to Comprehensively build a modern socialist country",building a new type of international relations and strengthening the rule of law for foreign countries.Build an application system outside the Chinese law is an effective way to achieve this goal.China’s external application of law began to deal with the adverse impact of the abuse of foreign laws on China by the United States and other Western countries on China,and constantly improved the legislation and strengthened countermeasures in the process of dealing with it.The extraterritorial application of Chinese law not only has the impact of the external application of law in the United States and other Western countries on China and protects its own interests,but also has the potential to promote the domestic rule of law reform and the construction of foreign rule of law,enhance China’s status,participate in international governance and fulfill the responsibilities of a major country.On the basis of introducing the research background,research significance,domestic and foreign research status,research ideas,research methods and main research content of the topic of this paper,taking the general theoretical problems applicable outside the Chinese law as the starting point,The concepts of "domestic law" and "external application" related to the application of Chinese law are analyzed and determined,and the relevant terms are analyzed,and the legal basis of rationality and legitimacy of the application of Chinese law,as well as the current application mechanism such as dependency and humanism are analyzed.Combined with the current complex international situation and the background of Chinese law outside applicable,from the two aspects of legislation and judicial comprehensive analysis of the reality of Chinese law outside applicable,on the basis of legislation into criminal legislation,civil legislation and other emerging legislation,judicial present situation subdivided into criminal justice and civil justice field.Combined with the law of the applicable theory practice research and enlightenment,analysis the influence of the applicable to our country and enlightenment,and draw on useful experience to China,in order to deal with the adverse effects of other laws on our country,safeguard the interests of their citizens and enterprises,for the perfect international order and the development of international law.Through the application of China law in various areas of current situation analysis,reflects the current Chinese law outside applicable some parts establish the absence of domestic law effectiveness rules,imperfect safeguard mechanism and applicable relatively conservative issues,and analyzes the deep reasons behind it,put forward the perfect Chinese law outside applicable problem solution path.On the basis of upholding its basic principles,the application of la outside China should build a defensive path and an aggressive path,and take multiple measures to improve the application of external law in China and build the application system of law outside China.In order to promote China’s domestic rule of law reform and foreign rule of law construction,to provide a solid legal guarantee for the building of a modern socialist country.