The Expansion Of Extraterritorial Jurisdiction Of Foreign Corrupt Practices Act And Our Country’s Response To It

Foreign Corrupt Practices Act(FCPA)is the world’s oldest,most powerful and most influential law against foreign bribery.The law was controversial because it initially applied only to domestic companies.In order to protect America’s overseas economic interests and competitive advantages,and suppress outstanding enterprises in other countries,the United States has revised and improved the law for several rounds,and extended its extraterritorial jurisdiction to major countries and regions in the world by relying on its strong economic status.FCPA has become a legal weapon to suppress other countries,showing a worrying trend of development.The expansion of the extraterritorial jurisdiction includes foreign companies and foreigners into the jurisdiction,which has caused concern and opposition of many countries and has caused a lot of unfavorable effects for our country.In order to actively respond to the challenges brought by the expansion of the extraterritorial jurisdiction of FCPA,the UK,France,Brazil and other countries have adopted measures such as the introduction of anti-foreign corruption legislation,the strengthening of blocking legislation,the promotion of anti-corruption compliance and the strengthening of international cooperation.In order to deal with the expansion of extraterritorial jurisdiction of the FCPA,our country has made some legislation and law enforcement practices,but there still exists insufficient.Therefore,our country should actively take measures to protect our own interests on the basis of full understanding of the provisions of FCPA’s extraterritorial jurisdiction.After referring to the strategies of England,France,Brazil and other countries and combining with the conditions of our country,this study puts forward the following suggestions for our country to deal with the expansion of FCPA extraterritorial jurisdiction: Our country should adhere to the concept of community of human destiny,and refer to the United Nations Convention against corruption,and introduce our anti-overseas corruption laws.Adopt a more flexible and pragmatic stance to establish an aggressive extraterritorial jurisdiction system;Refining the implementation measures of blocking and countermeasures legislation,strengthening the intensity of Chinese blocking laws and countermeasures.Incorporating international cooperation in countering foreign corruption into the orbit of rule of law,strengthening our country’s international cooperation against corruption,actively participating in the international countering foreign corruption governance,enhancing the power of discourse and influence of our country in the international community;Introduce compulsory compliance scheme and leniency system to improve the compliance level of Chinese enterprises against foreign corruption.This paper consists of five chapters.The first chapter firstly analyzes the essential and practical reasons of the expansion of extraterritorial jurisdiction of FCPA,and then expounds the expansion of personal jurisdiction and territorial jurisdiction of FCPA in the legislation of the United States.This chapter describes in detail the extraterritorial jurisdiction expansion of the FCPA by introducing the effect principle,generalizing the agency theory,abusing the weak connection point,identifying a single economy,and expanding the definition of bribery.Then,this chapter studies the trend of the expansion of extraterritorial jurisdiction of this Act.By analyzing the law enforcement cases of FCPA in recent years,this paper concludes that the political purpose of the expansion of extraterritorial jurisdiction of FCPA is becoming more obvious,the responsibility of FCPA is becoming more strict,the internal and external cooperation of FCPA is becoming closer,the incentive means of FCPA is becoming more sound,and the jurisdiction means is becoming more flexible.These analysis provide forward-looking thinking for our country to deal with the expansion of FCPA outside jurisdiction.Chapter two studies the impact of the expansion of FCPA’s extraterritorial jurisdiction on our country’s judicial sovereignty,economic interests,civil rights,and international reputation,and showing the necessity of our country to deal with the expansion of extraterritorial jurisdiction of FCPA.Chapter three analyzes the countermeasures of Britain,France,Brazil,European Union and other countries and regions,and summarizes the experiences of other countries and regions in responding to the expansion of FCPA extraterritorial jurisdiction by introducing anti-foreign corruption legislation,strengthening the blocking of legislation and enforcement,strengthening the capacity of anti-corruption compliance,and actively participating in international law enforcement cooperation,from which we can draw lessons.It foreshadows our response strategy below.Chapter four describes our country’s practice in responding to the extraterritorial expansion of FCPA jurisdiction,and summarizes the problems in our country’s lack of special legislation,conservative extraterritorial jurisdiction,fuzzy blocking and countermeasures legislation,insufficient international law enforcement cooperation against corruption,and low level of enterprise compliance.Chapter five is proposals for our country to deal with the expansion of extraterritorial jurisdiction of FCPA.First of all,based on the reference of foreign experience and combining with China’s actual situation,this chapter puts forward suggestions for China to deal with the expansion of FCPA’s extraterritorial jurisdiction from the aspects of formulating China’s anti-foreign corruption Law,building an aggressive extraterritorial jurisdiction system,refining the blocking laws and countermeasures,deepening international anti-corruption cooperation,and optimizing enterprises’ anti-corruption compliance.