What is consular jurisdiction and one sided most favored nation treatment .

Consular jurisdiction refers to the privilege of nationals of capitalist countries who are not subject to the laws of the country of residence. After two world wars, China abolished it successively. After the Second World War, this system of privileges, which was fundamentally incompatible with the principle of national sovereignty, was abolished throughout the world.

Unilateral most-favoured-nation treatment refers to the granting by one country to another country all the same preferential privileges or immunities as are now or in the future accorded to any third country in terms of treaty ports, navigation, taxation or the legal status of the civil rights of sails. This treatment is known as "most-favoured-nation status". MFN treatment must be conditional and grounded.

MFN treatment is generally mutual, and the two contracting parties enjoy MFN treatment on the basis of the principle of equality and mutual benefit. However, treaties signed between China and foreign countries often only provide for the most favored nation treatment of the contracting party in a one-sided manner, while China has no reciprocal rights.

Legal basis: Anti-Foreign Sanctions Law of the People's Republic of China

Article 2 The People's Republic of China adheres to an independent foreign policy of peace, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, upholds the international system with the United Nations at its core and the international order based on international law, develops friendly cooperation with all countries in the world, and promotes the building of a community with a shared future for mankind.

Article 3 The People's Republic of China opposes hegemonism and power politics and opposes any reckless interference in China's internal affairs by any country under any pretext or in any form.

Consular jurisdiction, also known as "extraterritoriality", refers to the power of a country's consul to try and convict a citizen in accordance with the laws of his country when he becomes a defendant in civil or criminal proceedings in the country of residence. However, this does not mean that they can not comply with Chinese law.

Consular jurisdiction refers to the power of a country's consul to try and convict a citizen in accordance with the laws of that country when he or she becomes a defendant in civil or criminal proceedings in the country of residence.

Also known as "extraterritoriality", it refers to the power of the consul of a country to try and convict a citizen in accordance with the laws of his country when he becomes a defendant in civil or criminal proceedings in the country of residence. In modern China, the Western powers received this privilege under unequal treaties that forced China to sign. Before the Opium War, the criminals of Western capitalist countries who committed crimes in China had repeatedly resisted the lawful trial of his people in China.

Legal basis: Criminal Law of the People's Republic of China

Article 7: Where a citizen of the People's Republic of China commits a crime provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but where the maximum penalty provided for in this Law is up to three years imprisonment, he may not be prosecuted.

This Law applies to State functionaries and military personnel of the People's Republic of China who commit crimes provided for in this Law outside the territory of the People's Republic of China.

Article 8: Where foreigners commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is three or more years imprisonment, this Law may be applied, except where they are not punished in accordance with the laws of the place where the crime was committed.

Article 9: Where the People's Republic of China exercises criminal jurisdiction over crimes provided for in international treaties concluded or acceded to by the People's Republic of China within the scope of its treaty obligations, this law shall apply.

Article 10: Where crimes committed outside the territory of the People's Republic of China shall bear criminal responsibility in accordance with this Law, although they may still be pursued in accordance with this Law after a trial in a foreign country, punishment may be waived or commuted if they have already received criminal punishment in a foreign country.

Regulations of the People's Republic of China on Consular Privileges and Immunities

Article 1 These Regulations are formulated for the purpose of determining the consular privileges and immunities of foreign consulates in China and their members, and facilitating the effective performance of duties by foreign consulates in China on behalf of their countries in consular districts.

It is generally believed that the emergence of consular jurisdiction is a system imposed on China by Western capitalist countries in the process of plundering the means of production in order to open up the oriental market and plunder the means of production, and after defeating the Qing Dynasty by force, it is a system that seriously infringes on China's judicial sovereignty.

Consular jurisdiction, by its very nature and meaning, is a privilege of foreign nationals in the Chinese mainland to separate from Chinese jurisdiction; It is a privilege to have their rights and obligations determined by their respective nationals in China in accordance with the laws of their own countries** in accordance with the judicial procedures permitted by their own countries.

It means that foreigners who violate the law and commit crimes in China do not accept the punishment of Chinese law, but are punished by the law of their own country. Chinese who commit crimes can also be tried in accordance with the laws of their own countries.

Article 13 of the Sino-British Statute of Commerce between China and Britain in 1843 stipulates: "Whoever informs the Chinese must first go to the steward's office, and wait for the steward to first check who is right and wrong.

That is, the Chinese official was transferred to find out the matter, and to determine impartially how the British were to be punished, and the British agreed upon the statutes and laws and sent them to the steward for action. How the Chinese people punish the crime should be punished according to the laws of China. These provisions can be said to be the beginning of the consular jurisdiction system in China.

Article 21 of the 1844 Sino-American Treaty of Wangxia stipulates that criminal cases between Chinese and American people shall be handled according to the doctrine of the defendant. Article 24 stipulates that mixed civil cases between China and the United States shall be "ascertained by the two countries and investigated by public discussion", which seems to adopt a triage system. Article 25 stipulates that cases between Americans shall be handled by the US consul, and lawsuits between Americans and other nationals shall be handled by the relevant countries** to burn and extinguish hail on their own, and China ** shall not intervene.