On Issues Of Application On The Chinese Blocking Statute

Blocking statute is the domestic law which blocks the impact of specific foreign laws governing foreign relations of a nation.From the perspective of its legislative background,the blocking statute mainly plays a role in blocking the extraterritorial application of foreign law and unilateral sanctions.The blocking statute functions legally and politically.From the perspective of its legal effect,the blocking statute has an impact on the freedom to conduct business of related entities.Until then,there is no unified blocking statute in China.Anti-Foreign Sanctions Law of the People’s Republic of China,Provisions on the Unreliable Entity List and The Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures consist of the Chinese blocking system.The purpose of Chinese blocking system is to counteract the impact of foreign unilateral sanction.By analyzing the provisions of Chinese blocking statute,one might figure out possible barriers of its application.On the one hand,the legal effect of Chinese blocking statute is relatively inferior,impeding the nation’s efforts to protect related entities.On the other,the provisions are rather vague to apply.The absence of principles would cause inconsistent judicial results.These barriers hinder effectiveness of blocking statutes on foreign relations,and confuse individuals and entities.Therefore,courts and governments need to clarify the vagueness of blocking statute.It could also offer pragmatic approach and experience in case that Chinese blocking statute would desire a higher legal effect and more unified form.In particular,governments should abide by the basic principles of administrative law.Court should never violate the principle of proportionality on the restrict ion of rights of individuals and entities while ensure the effectiveness of blocking statute.In addition,it is necessary to clarify the provisions and publish implementation rules if necessary,by which it would regulate individual conduct and make the blocking statute helpful in diplomatic occasions.