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Jurisprudence and Practice of New Trends in the Extraterritorial Application of Chinese Domestic Law

Author(s)

Long Wei*

Affiliation(s)

School of Politics and Administration, Tianjin Normal University, Tianjin, China *Corresponding Author

Abstract

Since 2021, many laws have been introduced in China to expand the extraterritorial scope of Chinese regulatory power and amend the global jurisdictional system, such as the Anti-Foreign Sanctions Law, the Data Security Law, the Personal Information Protection Law (PIPL) and the Export Control Law. This paper will examine the jurisprudential reasoning behind this legislative adjustment through comparative doctrinal studies and draw upon recent Anglo-American research on sovereign jurisdiction, great-power legal competition, and normative constraints on extraterritorial law-making in international law. According to the above analysis, China's system of regulations has emerged in a three-way regulatory competition with the United States and the European Union, shows a similar structural trait in the jurisdictional trigger mechanism, and has produced considerable compliance asymmetry for cross-border enterprises operating in all three areas. China's extraterritorial legislative programme is better understood as a proactive response to the problems caused by foreign extraterritorial jurisdiction in the form of long-arm jurisdiction, and Decree No. 835 (2026) has accelerated this development significantly.

Keywords

Extraterritorial Jurisdiction; Chinese Domestic Law; Anti-Foreign Sanctions Law; Personal Information Protection Law; Jurisdictional Competition; Data Sovereignty; Blocking Statute; International Law

References

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