US Economic Sanctions Against China And China’s Legal Countermeasures

The international economic and political situation is complex.National security threats are superimposed from all sides,economic sanctions have become a normalized tool for national competition,and how to actively use legal tools to effectively respond to national security risks and better safeguard national interests is a very serious and realistic issue.In recent years,U.S.economic sanctions related to China have been escalating,causing great losses for Chinese enterprises and entities.For this reason,it is necessary for China to establish and improve the anti-sanctions legal system in response to the U.S.China-related economic sanctions in order to cope with the possible impact and risk brought by unilateral economic sanctions in the future.In addition to the introduction and conclusion,this paper consists of four parts.Part I: Overview of U.S.China-related economic sanctions.This part includes the concept and characteristics of U.S.China-related economic sanctions and the analysis of the motivation of U.S.China-related economic sanctions.By defining the concept of economic sanctions and summarizing U.S.China-related economic sanctions in recent years,this part will analyze the motives of U.S.China-related economic sanctions and clarify the basic connotation of U.S.China-related economic sanctions.Part II: Legal mechanism of U.S.China-related economic sanctions and case analysis.Firstly,clarify the legislative mechanism of U.S.China-related economic sanctions from U.S.extraterritorial legislative jurisdiction,legislative bodies and domestic law basis.Secondly,interpret the enforcement mechanism of U.S.China-related economic sanctions from U.S.extraterritorial enforcement jurisdiction,enforcement bases,enforcement authorities and enforcement measures.Finally,elaborate the operation process and characteristics of the U.S.China-related economic sanctions mechanism by taking the Xinjiang cotton event as an example.Part III: The current situation and problems of China’s legal response.Firstly,review the current legislative situation of China’s response to the China-related economic sanctions in the U.S in a systematical manner,making clear that the nature of China’s legal response is actually countermeasures.Secondly,analyze the legality of China’s countermeasures under the framework of international law.Finally,find out the problems existed in China’s legal response,including imperfect construction of the current legal system of counter-sanctions,difficulties in the implementation of the legal mechanism of counter-sanctions and the double regulation faced by sanctioned enterprises.Part IV: Conception and improvement of China’s legal response.In this part,based on the characteristics of the U.S.economic sanctions mechanism related to China and the existing problems of China’s legal response,two proposals are brought out in a targeted manner.First,explore response measures within the framework of international law,including resorting to the WTO dispute settlement mechanism,establishing international rules on sanctions and counter-sanctions,advocating multilateralism,and actively promoting bilateral negotiations between China and the United States.Secondly,improve China’s anti-sanctions legislation and enforcement system,including constructing an extraterritorial application system of domestic laws,refining the rules of the anti-sanctions legal system and establishing an antisanctions enforcement mechanism with clear authority and responsibility.Finally,propose the prevention and response of enterprises to the risk of sanctions,including seeking administrative or judicial remedies,rational choice of plea bargaining and establishing a sound corporate compliance management system.