Tian Feilong: When Chinese companies grew into a world influence company, they also reached the level of accurate blow to the US legal trap described by Peroyaki.
As the Sino -US trade war is in full swing and increasingly fell into a long -lasting war, the head of the original boiler department of the French Austo company Frederick Bull; Peroyqi and the famous French journalist Matthew Bull; Allen co -published a book of the United States trap.China CITIC Publishing Group organized translation and launched the corresponding Chinese version for the first time.
This is a warning book written to France and even the entire European people. It is quite different from the American democratic spirit of the American democracy in the eyes of the Frenchman Rafayte in the eyes of the Frenchman Rafayte in 1835.At that time, the American start -ups were young and vibrant, bringing the breeze and a dream of dreams for old Europe. Even Monroeism is limited to American autonomy and does not touch European affairs and Europe's global sphere of influence;Today, the United States has long become the world empire, stubborn and arrogant, and its interests first, and Europe has encountered reverse concepts and system colonies.
Peroya was trapped in the US legal trap and felt the changes and alienation of the United States. In the end of the book, it shouted loudly: When the dream wakes up, we can't let go of this opportunity.This is both for Europe and France.Either now, or there is no chance to resist and win a respect for yourself.This is the last moment.
Pieye has a consciousness of the old European Shakespeare -style fate: to be or not to be.This is his perception of US law and justice in 2019, which is very different from some European trust in the United States before 2013.
The focus of the problem lies in the American trap referred to as Peroyqi, a US legal trap in the era of economic globalization, which is the so -called external law of US law and the jurisdiction of the territory.Mr. Peroyei specifically summarized this trap: this is a legal war ....... Use the legal (legal) system to bring the enemy mdash; mdash; or lsquo; lock rsquo; the target of the enemy mdash;mdash; shaped into illegal elements to cause the maximum damage to the other party, and forced them to obey through coercion.We can vividly call the Piya Yaqi trap.
The Chinese trap that the Chinese are concerned about the French have a special meaning and situation similar to the situation: First, the judicial process of the ZTE Corporation and the judicial reconciliation model of a fine+compliance officer, the logic of the US judicial behavior revealed with PeroyeiBasically consistent; second, the Huawei Meng Wanzhou case is still unreasonable, which is exactly the same as the legal trap of the US Department of Justice treating Alstom executives.When Trump fermented in the Meng Wanzhou case, he could interfere with the case if the Sino -US trade negotiation was needed, which was a straightforward confession of such legal traps.However, Trump is a law blind, knows the lizi, does not know his face, has no obscure mouth, and leakes the secret of the trap.
When Chinese companies grew into a world influence company, they also reached the level of accurate strikes of US legal traps.This is the development achievement of Chinese companies in the era of globalization and a specific risk.Therefore, the American trap revealed by Pyalezi is not a special trap pointed to French companies, but a trap that the United States generally builds a global out -of -domain company.Chinese companies and Chinese legal circles must learn how to deal with US legal risks.The American trap can therefore be used as a high -level textbook for vocational training for Chinese company executives.
The legal structure of this trap in the United States is very delicate and designed and constructed as a legally legitimate behavior that strikes every step of the legal blow: First, the law can be based, that is, the United States has formulated a special anti -overseas corruption law.Provide a direct domestic law basis for the legal actions of the US Department of Justice, but in terms of jurisdiction rules, it far exceeds the domestic legal boundaries, which stipulates long -arm jurisdiction.Sexual law enforcement, that is, anti -overseas corruption laws are different from inside and outside the specific law enforcement, focusing on external investigations and blows. For example, according to the statistics of law enforcement data provided by Peroyei, the phenomenon of huge fines and unfair treatment of foreign companies is very prominent; Third, the defense transactions and extreme pressure, separated executives and enterprises/national interests, legally implemented terrorly intimidation of the defendant, and achieved economic or political goals outside the case;The global business actions of large enterprises cooperate with each other, covering the substantial politicalization of US judicially in the legitimate legitimacy.
Anti -overseas corruption law is the main legal basis of this trap.The author believes that most people are not very different in this law, especially in the United States to implement the case law. To understand this legal trap, not only depends on the legal provisions, but also familiar with the huge number of case cases.Echoing the executives of companies in various countries in the U.S. Department of Justice are that the vested interests of the US legal community have been greatly promoted, which has led to the increasingly tight and more difficult, more and more difficult to become the interests of the United States interests, and it has become more and more difficult to become the interests of the United States.Fang's cooperation framework for maintenance and common profit.The law constructs the out -of -territory jurisdiction of U.S. justice.
Although the original meaning of the law lies in the prohibition of overseas bribes from American companies, because the US dollar is used as the jurisdiction of the legal jurisdiction, all companies that use the US dollar settlement in the world are within the jurisdiction of US justice.According to Peroyal's analysis, this kind of out -of -the -world jurisdiction has been extensively carried out, and since the financial crisis in 2008, it has become more intensified.
Since the US dollar is a truly global reserve currency, the international financial system after World War II was created and maintained by the United States. The settlement system for international trade was dominated by the United States. In addition, the United States' monopoly control of Internet root servers and global network information, enterprises from various countries, enterprises in various countries, enterprises in various countries,Either keeping the low -end trading model of first -hand payment and first -hand delivery, or you must enter the jurisdiction of the US domestic law.The United States' charges with Chinese companies ZTE and Huawei, the most severe sanctions on Iranian oil transactions in the United States, depend on the US dollar hegemony and global intelligence control power in the United States.
So, how should the United States' external jurisdiction of the United States understand?Although the book of the United States trap describes a large number of facts and meaningful legal analysis, it is inevitable that the victim's complaint and French nationalist taste is inevitable.This emotional response is completely legitimate, because the judicial process of the United States has caused obvious abuse of law and the unfair treatment of the defendant's rights and dignity.However, the general problems and structural contradictions in the global governance reflected in the anti -overseas corruption law in the United States are more worthy of taking it seriously: First, the self -centerism in the concept of American law has led to the trend of replacement of domestic law and the international law.The law is a significant example;
Second, the bribes in international trade and business practice pointed to the anti -overseas corruption law, especially the bribes of middlemen in the middle, are common. Not only French companies, but also American companies. ThereforeThird, the international level lacks effective international laws and regulations, especially strong sanctions mechanisms for universal commercial bribery. Relying on their own regulations, they will encounter their own dilemma of their own case judges;
Fourth, the domestic legislation attempts to provide a legal model that provides a compulsory regulation under the condition of weak or even blank conditions of the validity mechanism of international law. It is a alternative to the supply of global public services and public products by self -identified in the United States.The problem of arms jurisdiction; Fifth, regardless of the specific motivation of the United States, its long -arm jurisdiction has fallen into the judicial sovereignty struggle of other countries and the dual dilemma of the United States' own selective law enforcement. It is neither legal nor fair.In international jurisdiction, this long -armed jurisdiction is a essential imperial hegemony and a tyranny and politics that has not been agreed by the governor.
US democracy cannot provide a legitimate political foundation for long -armed jurisdictions, because American democracy can only provide authoritative sources for pure US domestic law.Therefore, the exterior existence of this law has a structural democratic legitimacy deficit, which is the imperial control law between the US domestic law and the real international law.In the era of globalization of sovereignty equality and democratic rule of law, this law seems to be as if the medieval or early colonial era remains, which needs to be check -in, critical and cleanup in the field of global governance.
After all, the US Department of Justice cannotGet rid of the political lobbying and pressure of domestic giant enterprises, and cannot get rid of the limits and shaping of the national interests.The U.S. Department of Justice is the US Department of Justice, not the United Nations Ministry of Justice; the United States is both a referee and athletes. This is the jurisdiction of the injustice of long -arm jurisdiction.If the U.S. Department of Justice can really be able to enforce the law in fairness, US judicial independence can really get rid of the interests of domestic enterprises and national interests, this kind of mandatory acquisition and Yueyue of global governance police may not arouse too much controversy.Before the governance system matures, this approach even has the moral legitimacy of voluntary dedication.
However, the US trap used the French empirical verification to forge the legitimacy and foundation of the law, and disclosed a large amount of details of the complex process of acquiring Alston's acquisition of Alston with a lot of details.The acquisition shocked French society and even triggered a political struggle within France, which also caused Peroyei's distrust of French politics.
Peroyei correctly saw the unequal relationship between European and American relations after World War II. This relationship rooted in the United States' reconstruction of Europe and the systemic consequences of the quasi -colonization caused by it.Also at the end of this book, Peroyei mentioned specifically that since the end of the 1990s, European countries have gradually taken the jurisdiction of the United States.Until now, they are still unable to set similar mechanisms to self -defense or counterattack.In fact, Europe's obedience to the United States has been much earlier, and it has become a reality since the Marshall plan and the creation of the United Nations system.
The European counterattack is also from sporadic state to collective operations. At first, it was Da Gogho's French counterattack. Later, the European Union was a bargain as a whole, but it failed to form a de -colonial framework for the United States.Europe is obviously not a territorial colony in the United States, but to a large extent has become an American institutional colony.
It was Macron, who was questioned by Peroyei in the American trap, that Macron, who had the tendency to pro -beauty, expressed the position and reform initiative of France's autonomy many times at the president. It also tried to promote the EU's autonomy reform in orderStrong dominance, even balanced the infiltration and influence of the Belt and Road Initiative.Peroyqi jumped out of his own grief case and proposed a policy appeal: EU establishment of the European Anti -Corruption Office at the EU level, checks and balanced with the US Department of Justice, and protect European enterprises and overall interests.
In short, a book of American traps is a very timely globalization reversal of American legal risk textbooks, which is useful to France and more useful to China.In order to live his life, Mr. Peroyqi worked hard during his complaint. He became a doctor for a long time, and he gradually became an expert in the American Anti -Corruption Law.This makes the American trap book not only a sketch and even complaint of a tragic judicial experience of a French company executive, but also the argument and law of the abroad.The United States is a substantial global empire and global legislators. It has a plump ideal discussion and system construction at the level of legal globalization, but in essence, it cannot get rid of the local limitations of domestic enterprise groups and national interests.
This has led to the legitimate deficit and crisis of trust in US law in global governance.The American trap of Peroyei has pierced the idealist coat of the rule of law between the United States and its allies, and also piercing the legitimacy of US judicial justice and long -armed jurisdiction.
However, as long as the US dollar, the U.S. military, the American Global Intelligence Network and the American culture soft power are still dominant, it is difficult to succeed in any individual, enterprise or national behavior that gets rid of or challenge the American trap, and the association and systemic risk are extremely greatEssenceThe US trap proves that the institutional empty and weak institutional emptiness of the United Nations governance, but American governance is also the source of hegemony, unfairness and common threat.I have to face issues and joint action seriously.
At the second Belt and Road Cooperation Summit Forum that ended at the end of April, the EU representatives began to produce positive willingness and action expectations of Sino -European economic cooperation and institutional docking.
Of course, as a high legal risk strategy of Chinese companies and national interests in the US trap, it is necessary to distinguish between the development and gradually control: First, to strengthen the training of US legal risks and compliance with specific senior management groups, check the companyAt the risk point in operation, under the conditions of the United States anti -overseas corruption law, it still has the greatest extent to protect the overseas interests of Chinese companies; second, strengthen the country's legislation on overseas anti -corruption and interest protection, strengthen the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice from the Ministry of Justice.Investigation, prosecution and international game capabilities of other judicial organs;
Third, strengthen the China -Europe cooperation in jointly checking the US long -arm jurisdiction, especially the independent network security supervision system, the non -US dollar settlement system, and the construction of the Belt and Road Law compliance system.Action ability.In fact, the United States is very vigilant for the network sovereign projects, the internationalization strategy of RMB, and the Belt and Road system promoted by the United States. These are the legitimate systems and capabilities that help protect Chinese enterprises and national interests, and directly touch the core pillar of the American trap.
Of course, the rise of China is the positive factor of diversification and democratization of global governance forces. China contributes its own wisdom and plan for global governance to be understood and supported by countries outside the United States.Balance the United States, rebuilding justice has become the basic consensus of contemporary international democracy, the rule of law and fair order. This is also the vital teachings of Peroya, and it is also a rational path choice beyond the trap of Peroya.
(Note: The author Tian Feilong is an associate professor at the High Research Institute of Beijing University of Aeronautics and Astronautics/Law School, Ph.D. in Law. This article only represents the author's personal point of view.
