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Legal Analysis On The Case Of The U.S. Government V.Huawei,Meng Wanzhou

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:S Q HuangFull Text:PDF
GTID:2416330614454243Subject:Law
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With the development of economic globalization,the international influence of Chinese companies,take Huawei as an example,has continued to increase.In order to sanction the development of Chinese companies,the United States government frequently uses expanded applications of extraterritorial jurisdiction to the Chinese companies,accusing operations Chinese companies conduct outside the United States as a means to undermine Chinese companies ' development strategies in the United States,thus to safeguard their own economic interests.In this case,the case of US government v.Huawei,Huawei affiliates and subsidiaries,and its CFO Meng Wanzhou,as a typical case of the US government's recent expansion application of extraterritorial jurisdiction to Chinese companies,has attracted great attention.The legal analysis of this case has important research significance for the future legal practice of Chinese companies in responding to US judicial sanctions.In August 2018,the US government released an indictment against Huawei,Huawei's affiliates and subsidiaries,and Ms.Meng Wanzhou,in the Eastern District Court of New York.Based on the allegation,the Eastern District Court of New York requested Canada to arrest Meng Wanzhou.On December 1,2018,Ms.Meng Wanzhou was arrested at Vancouver Airport,Canada.On February 13,2020,the US government released an superseding indictment to the Eastern District Court of New York.The US government 's prosecution against Huawei,Huawei 's affiliates and subsidiaries,Meng Wanzhou exemplifies its customary judicial logic of using judicial means to sanction foreign companies for economic benefits.This thesis starts with the case,explores the legal points of the case on the basis of sorting out the case and the indictment of the United States Department of Justice,simultaneously,it analyses the case from both the law procedural perspective and the substantial perspective.The perspective of legal procedure mainly focuses on the US expansion of the application of extraterritorial jurisdiction in this case.The perspective of substantive law mainly starts with the facts and evidence based on the superseding indictment the US government released and discusses the facts and legal basis of the case.On the basis of clarifying the legal points of this case,this thesis discussed Huawei's response strategy.
Keywords/Search Tags:Huawei, legal analysis, extraterritorial jurisdiction, double jeopardy
PDF Full Text Request
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