The Legal Risks Faced By Chinese Companies Under The US "Long-arm Jurisdiction" System And Their Response

In law,the United States has adopted a series of acts with the characteristics of long-arm jurisdiction,forming a law enforcement network covering the whole world,in order to achieve the purpose of protectionism and hegemony.Following European companies,some Chinese companies and individuals have become targets of the US long-arm law.Many Chinese companies,such as Huawei and ZTE,have been hit by US sanctions.The Foreign Corrupt Practices Act(FCPA)of the United States,which has the most long-arm jurisdiction,focuses on Chinese enterprises for enforcement and supervision.Chinese enterprises fall into a complicated environment and face corresponding legal risks.In this paper,from the long arm jurisdiction of us laws,characteristics with the most long arm jurisdiction of the United States foreign corrupt practices act,for example,introduce,analyze its content,characteristics and development process,reveals the long arm jurisdiction outside the applicable characteristics,points out that the international law of the United States long arm jurisdiction law gives us any opportunity to infringe upon other countries’ judicial sovereignty,By focusing on the analysis of the FCPA’s legal risk performance to Chinese enterprises and individuals in terms of jurisdiction,criminal liability and commercial merger and acquisition,it reveals its adverse impact on enterprises.Drawing on the coping experience of major countries in the world,this paper puts forward China’s coping strategies.The thesis includes the following contents: Firstly,the introduction introduces the background,significance and relevant literature review of the topic.The first chapter introduces the origin and development of American long-arm jurisdiction.Chapter Two introduces the legislative background,basic content,characteristics,development and application of the U.S.Foreign Corrupt Practices Act.The third chapter analyzes the FCPA’s legal risk performance and impact on Chinese enterprises.The fourth chapter,on the basis of drawing lessons from the experiences of major countries in the world,puts forward our countermeasures from three aspects:enterprise construction,economic measures and legal measures.