Research On China Government Helping Enterprises To Deal With Long-arm Jurisdiction

In recent years,the U.S.has frequently abused the “long-arm jurisdiction”,and many Chinese companies have been caught in the difficult situation of being sanctioned by the U.S.The sanctions against Huawei and the arrest of Meng Wanzhou have brought the issue into the public eyes.However,Chinese companies are unable to respond effectively to the U.S.long-arm jurisdiction,resulting in a damage to their own interests,limited development,and even threats to the personal safety of their executives.As the competition between the U.S.and China intensifies in the near future,the risk of abuse of long-arm jurisdiction by the U.S.against Chinese companies will remain in the long-term period,and how to effectively solved the difficult situation of long-arm jurisdiction by sanctioned companies has become a major issue of corporate life and national sovereignty.Taking the theories of "Market Failure" and "Responsible Government" as the base theory of this paper.The concept of "long-arm jurisdiction" and "Public Legal Service" is defined and clarified through the paper research.The study finds that enterprises themselves are the main party against the long-arm jurisdiction by United States,but from the perspective of “responsible government”,the government has the responsibility to help these enterprises against the long-arm jurisdiction.At current stage,the Chinese government has established a countermeasures legal system represented by the 《 Anti-Foreign Sanctions Law of the People’s Republic of China 》 against the U.S long-arm jurisdiction,and also established a series of preferential policies on companies compliance building,basic science and technology innovation,and development of new markets.However,the study also found that the Chinese government’s countermeasures still have some problems regarding unclear legal clauses of anti-sanctions law,lack of experience in judicial practice experience,and insufficient attention to private enterprises’ compliance construction,therefore there is room for corresponding improvement on the current countermeasures.In order to solve the current difficult situation of China enterprises,the government should also mobilize different resources at implementation level and use various approach to give more effective support to the China enterprises against the U.S long-arm jurisdiction.In terms of strengthening the external environment construction to counter the long-arm jurisdiction,this paper proposes some specific suggestions for future improvement,such as improving the extraterritorial laws and implementation systems,strengthening corporate compliance,and promoting the internationalization of the RMB.At the micro implementation level,specific measures are proposed to strengthen cooperation between government and enterprises,establish an internet platform for sharing sanctions information and cases,provide public interest legal assistance,utilize the WTO dispute settlement mechanism,and assist enterprises in building compliance.