A Study On American Long Arm Jurisdiction And The Blocking Of It

The "long arm jurisdiction" in American civil litigation is a special civil litigation jurisdiction system born in American case law,which is the jurisdiction enjoyed by the court over defendants who do not reside in the court but have some connection with the court."Long arm jurisdiction" in the early days of its establishment well met the growing demand for cross state civil litigation in the United States,and developed restrictive principles such as "existence","minimum contact",and "purposeful use.".However,in order to maintain its hegemonic position,the United States overextended its scope of application on the basis of territorial and personal jurisdiction,gradually extending its scope of application from the United States to the international community,and its content also extended from long-arm legislative jurisdiction to long-arm judicial jurisdiction and long-arm law enforcement jurisdiction,as well as from the civil field to the administrative and criminal fields.On the surface,the "long arm jurisdiction" of the United States seems to be supported by jurisprudential foundations such as territorial,personal,and even protective jurisdiction.However,its overly expansionary interpretation of territorial and personal jurisdiction has violated international law,seriously violating the sovereignty of other countries,manifestly inconsistent with judicial impartiality,and seriously violating the principles of due process.At the same time,it has also caused a very negative impact on the economic and technological development of our country,damaging the legitimate interests of our enterprises.In response,China has taken many measures to block the "long arm jurisdiction" of the United States,including diplomatic protests and negotiations,the introduction of the "blocking measures",and the establishment of a list of unreliable entities.However,these measures generally have problems such as imperfect detailed rules and insufficient enforceability.In response,China should improve the detailed rules of China’s blocking legislation,improve operability,promote the extraterritorial application of Chinese law,and improve China’s extraterritorial civil litigation jurisdiction system to address the "long arm jurisdiction" of the United States.At the same time,it is also necessary to establish other diversified countermeasures to better counter the "long arm jurisdiction" of the United States,such as improving the foreign trade investigation system,building a better trade platform in combination with the "the Belt and Road" initiative,and building a financial settlement system centered on the RMB cross-border payment system.