The Conflict And Coordination Of Extraterritorial Jurisdiction

In recent years,Western countries led by the United States have frequently used their domestic laws to impose sanctions on Chinese enterprises,which has seriously affected China’s foreign trade and economic development.In order to reduce the impact of sanctions imposed by foreign countries on Chinese enterprises and protect the interests of Chinese enterprises,China promulgated the Measures for Blocking the Inappropriate Extraterritorial Application of Foreign Laws and Measures on January 9,2021,and promulgated the Anti-Foreign Sanctions Law of the People’s Republic of China in June of the same year.On the one hand,the above legislation provides legal protection for the protection of China’s sovereignty,security and development interests,but on the other hand,it makes the legal conflicts between countries obvious.This kind of conflict was not common before the two world wars,but gradually became frequent after the 20 th century.Before that,countries mainly believed in the principle of territoriality in the field of public law and insisted that a country’s law could only take effect in its territory under general circumstances.National laws are limited by national boundaries,and there are fewer conflicts.However,since the 20 th century,countries led by the United States have actively expanded the scope of their laws to make them have extraterritorial effects,and this trend has become increasingly evident under the impetus of economic globalization.In addition,the application of the blocking law in some countries has led to frequent conflicts in the effectiveness of national laws.The essence of this conflict is the conflict of the extraterritorial jurisdiction of States.Because the country expands its legislative jurisdiction,some of its laws have extraterritorial effects,and the courts and administrative organs exercise jurisdiction and administrative jurisdiction according to their laws,resulting in legal conflicts at the level of public law.In contrast,although there are conflicts in the private laws of all countries,the courts of all countries can solve this problem according to the conflict norms,but in the field of public law,there is currently a lack of corresponding norms of international law,and the response measures of all countries are also different.Therefore,this paper will focus on the conflict of countries’ extraterritorial jurisdiction,analyze and discuss its concept,characteristics,historical origin,coping strategies and other aspects,and put forward corresponding suggestions for the construction of China’s current and long-term extraterritorial jurisdiction system.The first chapter of this article will introduce the concept of extraterritorial jurisdiction and the manifestation of its conflict.Extraterritorial jurisdiction is not only in our country,but also a concept that is difficult to define clearly even in the world.However,its connotation and extension can still be determined through the connection and difference with similar concepts.Therefore,this chapter will first clarify the meaning of extraterritorial jurisdiction by comparing the total price of domestic and foreign scholars’ research results with the concept of extraterritorial jurisdiction and the significance of extraterritorial effect and extraterritorial application,and then introduce several types of conflicts of extraterritorial jurisdiction internationally.The second chapter focuses on the history of extraterritorial jurisdiction conflicts.In the space dimension,this paper will take Europe as the main object of study,and in the time dimension,select from the ancient Greek period to the 21 st century,focusing on the jurisdiction relationship between countries or related political entities in different times,and analyze the origin and development of extraterritorial jurisdiction conflicts.Through the analysis of jurisdiction conflicts in different times and the response strategies of political entities at that time,we can extract the development process of extraterritorial jurisdiction conflicts and their solutions.In the third chapter,this paper will analyze the causes and effects of the current extraterritorial jurisdiction conflicts.Although the conflict of extraterritorial jurisdiction did not originate in the 21 st century,it has been extremely intense in recent decades.Therefore,this chapter will first analyze the reasons for the current fierce conflict of extraterritorial jurisdiction.In addition,the conflict of extraterritorial jurisdiction is not harmful without any benefit.In the second part of this chapter,the author will introduce the advantages and disadvantages of the conflict of extraterritorial jurisdiction separately.The fourth chapter will introduce and analyze various ways to deal with the conflicts of extraterritorial jurisdiction in the history according to the above contents.Among them,this paper will select the path of multilateralism,the path of unilateralism,the construction of extraterritorial jurisdiction and the path of conflict of laws to analyze,and focus on some specific methods under the four paths.Combined with the introduction and analysis of extraterritorial jurisdiction in the first four chapters,the fifth chapter will put forward corresponding suggestions according to the problems faced by China’s current extraterritorial jurisdiction system in different periods.In the short term,dealing with foreign sanctions and interference will become the main task,while in the medium and long-term planning,more attention should be paid to the construction of systems and rules.Therefore,this paper will find out the characteristics of different stages and give corresponding opinions on the extraterritorial jurisdiction system and the theory of conflict response in combination with China’s unique development process.