关键词: 美国法域外适用, 长臂管辖, 国内法治, 域外管辖, 中美冲突

Abstract: The extraterritorial application of U.S. legislation has a long history, having evolved from the initial firm territoriality to the “principle of effect”. Nowadays, under the banner of “America First”, the United States has been expanding the scope of extraterritorial application of its domestic laws by expanding the “connecting points”, making excuses of legitimacy for sanctioning entities of other countries for its own political purposes. After continuous development, it is characterized by legal hegemony, broad connectivity, systemic operation, politicization of the target of application and low predictability. The unjustified extraterritorial application of U.S. legislation has had many negative impacts on China, which has responded positively through national legislation, regional cooperation and corporate compliance and litigation. However, these measures are still insufficient to eliminate the many adverse effects and to safeguard the legitimate rights and interests of Chinese entities. Therefore, China should make further improvements by formulating and amending relevant laws and regulations, improving the working mechanism, setting up a compensation mechanism and strengthening foreign-related law personnel, so as to find methods to settle the problem.

Key words: extraterritorial application of U.S. legislation, long-arm jurisdiction, domestic legislation, extraterritorial jurisdiction, Sino-US conflict