Study On The Extraterritoriality Of Chinese Export Control Law

That the Chinese Export Control Law came into force has filled the legal gap in the field of export control in China.To study its extraterritoriality is of theoretical and practical significance,for the extraterritoriality provisions in the law not only serve for safeguarding national security and interests,but also enforce China’s legal practices in international rule of law.The thesis focuses on 4 important issues regarding the extraterritoriality in Chinese Export Control Law.The first part introduces the establishment of the extraterritoriality in Chinese Export Control Law.By the analysis of relevant concepts and presenting the background,regulatory system,and development process,this section lays the theoretical foundation and presents an overview for the theme.The second part researches on the international legal basis of the extraterritoriality in Chinese Export Control Law.It elaborates on the necessity,power basis,and power space of the extraterritorial application of Export Control Law through the aspects of national sovereignty,international treaties,WTO rules,and sanction resolutions.The third part is the normative interpretation of the extraterritoriality in Chinese Export Control Law.Based on the jurisdiction theories,this section provides a normative analysis of the legal text,with a discovery of 7 scenarios of extraterritorially applying the law.The fourth and last part is the process of examining and refining the Chinese Export Control Law.By scrutinizing the legal implementation and comparing foreign experiences,some 6 weak links in legal provisions and application are discovered,and correspondently 6 paths for improvement are proposed.