Research On Long Arm Jurisdiction Of US Export Control Law

In 2016,the U.S.Department of Commerce implemented export control on China’s ZTE Corporation in accordance with domestic laws.The event included in the entity list pushed the U.S.export control law with long-arm jurisdiction into the public’s perspective and sensational academic and practical circles at home and abroad attention.Although China and the United States,as major trading nations,have been developing frictions and exchanges in foreign economic and trade relations,the United States has increasingly controlled the export of domestic technology companies through domestic laws,which has seriously impeded the development of China ’s foreign economy and the advancement of new and high technologies.Therefore,in the current situation,the study of long-arm jurisdiction in the United States has very important practical significance.In this article,this hot issue has triggered the legal dilemma brought by the long arm jurisdiction of the United States.Through the performance of the long arm jurisdiction outside the control of exports and the legal analysis of internationally wrongful acts,this article proposes the disadvantages of the long arm jurisdiction to the international and China influences.The innovation of this article is: Taking the hot events as an opportunity,by analyzing the legal dilemma caused by long-arm jurisdiction,compared with the legal measures of other countries such as the United States,it attempts to explore the macro-level and micro-level responses to the long-arm jurisdiction of the United States route of.There are four chapters in this article.The specific contents include:The first chapter,as an introduction,mainly explains the research background and significance of this article,the general situation of research development at home and abroad,and the research methods and writing ideas used in this article.The second chapter uses the US sanctions on the ZTE incident as the fuse to trigger the legal dilemma of long-arm jurisdiction in terms of the theoretical system,implementation level,and lack of legitimacy.At the same time,it reflects the fragmented absence of superior law in China’s export control legal system,the rigidity of the trade dispute settlement mechanism,and there are major deficiencies in the corporate compliance mechanism and the overall impact on the international rule of law and Sino-US relations.The third chapter analyzes the reasons for the formation of long-arm jurisdiction in the US export control law.First,the jurisprudential positioning of long-arm jurisdiction is analyzed as a theoretical basis for further understanding of its effectiveness in export control.Second,the frequently-used "Export Control Regulations" in the United States are mainly used as a way of combing the implementation and expression of long-arm jurisdiction in export control.Finally,analyze the cause of the long-arm jurisdiction constituting an internationally wrongful act,and analyze it mainly through the long-arm jurisdiction which violates the relevant provisions of international law and contradicts the domestic laws of the United States.The fourth chapter addresses the legal deficiencies in China and combines the analysis in Chapter 3.And proposes ideas and measures to deal with the long-arm jurisdiction of the United States,including the improvement of the compliance system at the enterprise level;the strengthening of legal protection and creation of related enterprises at the national level on export legislation and trade dispute settlement mechanism.