英文摘要 |
Article 12 of China's ''Anti-Foreign Sanctions Law'' endows Chinese citizens and organizations who have been infringed by foreign discriminatory restrictive measures with the right to sue in court for judicial relief. How to use the above relief right in practice, we need to conduct research from the following three perspectives. From the perspective of torts, the behavior of implementing and assisting in the implementation of discriminatory restrictive measures in the Anti-Foreign Sanctions Law has the characteristics of torts in civil law. Chinese courts should rely on the Civil Code to hear the infringement lawsuit of the Anti-Foreign Sanctions Law. From the perspective of tort liability, the above-mentioned acts constitute a joint tort involving assisting acts, in which the foreign public entity is the executor, and the private party in the foreign country is the helper. The two bear corresponding responsibilities and may constitute necessity. From the perspective of tort compensation liability, the victim is a citizen or organization of China, and at the same time, its legal rights and interests are property or personal freedom rights, it should have the right to claim damages. |