The Judicial Mechanism of the Extraterritorial Application of U.S.Law
In order to deeply explore the judicial operation mechanism of the extraterritorial application of American law,respond to the compliance and legal risks faced by Chinese citizens and enterprises due to the"long-arm jurisdiction"and extraterritorial application of the United States,safeguard their legitimate rights and interests,and improve China's foreign-related legal system,the article comprehensively uses the case analysis method to analyze numerous American judicial precedents,and studies judicial practice from aspects such as adjudicatory jurisdiction,the presumption against extraterritoriality,and judicial review.Combined with the literature research method,it intends to sort out relevant literature and regulations and to build an analysis framework through induction and deduction and to explore internal laws.In adjudicatory jurisdiction,the standards for personal jurisdiction have been refined and become stricter,and subject-matter jurisdiction is defined according to federal laws and reviewed by the court.When the extraterritorial application is not clearly stipulated by law,the court can be required to apply the presumption against extraterritoriality to define the territorial scope;if it is clearly provided,the court can be advocated to conduct unconstitutional review of the statute and judicial review of the actions of administrative agencies.
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