A Comparative Study On Extraterritorial Application Of Chinese And American Laws

Based on the comparative study,this paper analyzes the similarities and differences between the extraterritorial application of Chinese laws and that of American laws,and finds some useful experiences and cautions,so as to provide some help for the construction of the extraterritorial application system of Chinese laws.The main body of the article is divided into five parts.The first part of the article is an introduction to the extraterritorial application of law.Firstly,it defines the connotation of the extraterritorial application of law,and then analyzes the necessity of the extraterritorial application of law and the restrictions of the extraterritorial application of law.In the part of the connotation of extraterritorial application of law,it mainly defines the extraterritorial application of law to be discussed in this paper,and clarifies the relationship between extraterritorial application of law and extraterritorial effect of law,extraterritorial application of law and extraterritorial jurisdiction,so as to lay a conceptual foundation for the later discussion and analysis.The second part analyzes the extraterritorial application of American law,involving the legislative level,law enforcement level and judicial level.At the legislative level,this paper analyzes the extraterritorial application of American domestic laws,including the Foreign Corrupt Practices Act,the trade with the enemy act,and the Patriot Act.In the aspect of law enforcement,this paper analyzes the extraterritorial application of American law from the perspectives of law enforcement subject and law enforcement measures.At the judicial level,the judicial practice of extraterritorial application of American law can be roughly divided into three stages,and each stage presents different characteristics of judicial practice.The third chapter analyzes the extraterritorial application of Chinese laws,which also involves the legislative,law enforcement and judicial aspects.At the legislative level,after combing and analyzing,it is found that the current provisions of China’s legislation on the extraterritorial application of laws can be roughly divided into three categories,namely,the provisions on the extraterritorial application of laws based on a single connection point,a variety of connection points and a new connection point.In the aspect of law enforcement,it is considered that the current law enforcement practice of extraterritorial application of Chinese law includes both the enforcement based on express provisions and the enforcement based on implied provisions.At the judicial level,courts often practice the extraterritorial application of law through legal interpretation and legal methodology.The fourth part makes a comparative analysis of the similarities and differences of the extraterritorial application of Chinese and American laws.Firstly,it analyzes the common points of the extraterritorial application of Chinese and American laws,Then,this paper analyzes the differences in extraterritorial application of Chinese and American laws.In contrast to these common points,the differences between China and the US are more obvious on extraterritorial application issues.At the legislative level,Chinese and American laws have different degrees of maturity in extraterritorial application,and the effectiveness and completeness of the extraterritorial jurisdiction provisions are also different.In the aspect of law enforcement,the discretion space of extraterritorial application of laws in public law cases between China and the United States is different.In addition,there are differences in international law enforcement cooperation and law enforcement names between the two countries.At the judicial level,the number and scope of cases of extraterritorial application of Chinese and American laws are different,and the judicial discretion space is also different.The fifth part mainly analyzes the perfection of extraterritorial application of Chinese law.First of all,China’s Extraterritorial Application of law in the legislative level should be improved on the lack of legislative provisions and the lack of effectiveness of legislative provisions.Secondly,in the aspect of extraterritorial application of Chinese law,the scope of law enforcement agencies should be expanded,and the ability and efficiency of law enforcement agencies should be strengthened.Finally,the judicial level of extraterritorial application of Chinese law should give the court judicial initiative in case trial,and make full use of judicial interpretation and guiding cases to play its guiding and exemplary role in the judicial practice of extraterritorial application of law.