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China's move: enacting laws and regulations to prevent foreign countries from bullying Chinese citizens, legal persons or other organizations through their laws and policies

Post:2021-01-22    Views:9814    Copy link   
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In recent years, foreign governments, especially individual superpowers, wantonly restrict and prohibit their own countries and other countries from carrying out certain investment or trade transactions through their domestic laws, policies, decrees and other legal and administrative means. Violators will be subject to severe legal or economic sanctions. This kind of improper prohibition or restriction on foreign subjects to engage in normal economic and trade and related activities with third countries (regions) and their citizens, legal persons or other organizations is the basic norms of international law and international relations, which is a manifestation of hegemonism, and China's market subjects are also deeply affected.

In order to check and balance the improper extraterritorial application of foreign laws and measures, with the approval of the State Council, the Ministry of Commerce promulgated the measures for blocking the improper extraterritorial application of foreign laws and measures. The measures reiterated that the Chinese government adheres to an independent foreign policy, adheres to the basic norms of international relations such as mutual respect for sovereignty, non-interference in each other's internal affairs, equality and mutual benefit, abides by the international treaties and agreements it has concluded, and fulfills its international obligations. Establish the corresponding working mechanism to deal with the improper extraterritorial application of foreign laws and measures.

Reporting system: if Chinese citizens, legal persons or other organizations encounter foreign laws and measures that prohibit or restrict their normal economic and trade and related activities with third countries (regions) and their citizens, legal persons or other organizations, they shall report the relevant information truthfully to the competent department of commerce under the State Council within 30 days.

Assessment and confirmation: the working mechanism comprehensively assesses whether the foreign laws and measures have improper extraterritorial application.

Ban on Promulgation: the competent department of commerce under the State Council shall, according to the circumstances, issue a ban on recognition, enforcement and compliance with foreign laws and measures. Chinese citizens, legal persons or other organizations must comply with the ban, but may apply for exemption in writing.

Claim: if the party abides by the foreign laws and measures identified by the injunction and infringes upon the legitimate rights and interests of Chinese citizens, legal persons or other organizations, the victim may claim against the party, except for those exempted from the injunction. If a Chinese citizen, legal person or other organization suffers losses as a result of a judgment or written order made by a party through a foreign law within the scope of the injunction, the Chinese citizen, legal person or other organization may bring a lawsuit to the people's court in accordance with the law to require the party benefiting from the judgment or written order to compensate for the losses.

Government support: if Chinese citizens, legal persons or other organizations abide by the relevant prohibitions and suffer heavy losses, they can obtain the necessary support from the government.

China began to use legal and economic measures to fight back.


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