All the time since, american constitution prohibits congress passes any disfranchising act and bring to bear on to individual or organization without adjudgement castigatory act. But Spring 2018, the United States passes " 2019 money year law of national defence accredit " right however Chinese China implemented comprehensive ban for the certain equipment of the company.
Be aimed at this one ban, this year on March 6, china to be in the United States to lodge a complaint, requirement court adjudicates " 2019 money year law of national defence accredit " content of the 889th part is unconstitutional. Local time on May 28, china to offer motion of simple and easy court decision again, requirement court announces this proposed law is unconstitutional.
Beijing time on May 29, press conference of Hua Weiju travel
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American constitution prohibits clearly substituting judgement with legislation
According to China for chief attorney, numerous amount to attorney office partner Introduction Glen Nager, american constitution restricts congress legislative normally, ask the power that implements these law can award administration orgnaization and court only. Constitution prohibits congress specific aim ground penalty is specific and individual, prohibit congress specific aim the ground is privative and specific individual belongings and freedom, prohibit congress exercise administration and judicatory influence, but " 2019 money year law of national defence accredit " violated afore-mentioned all constitution regulation the 889th times.
In addition, the 889th still is disobeyed disfranchise the principle of 3 authority schism in bill provision, proper program clause and accredit clause. The challenge that to its sex adding up to constitution launchs is pure belong to legal problem, without factual controversy, because this is necessary to refer motion of simple and easy court decision, accelerate plan.
Of acting case China for chief attorney Glen Nager
Accordingly before China show for referred indictment, the 889th falls in the case that did not pass any administration or judicatory program, prohibit orgnaization of government of all United States from China to purchase equipment and service, still prohibit American government orgnaization and China bed client signs a contract or offer to its aid financially and borrow money. The castigatory measure that this is a model and disfranchise act.
On March 7, china hold Mate X of fold screen mobile phone to announce to be aimed at the United States for tall canal " 2019 money year law of national defence accredit " the 889th sex adding up to constitution to to lodge a complaint of American federal court
China for the Song Dynasty of official of presiding law Wu Liu Ping expresses, american government was not offerred up to now any China the evidence that browbeats to form security. But assume however China for guilty, did not give China for any plead and the opportunity that offer denounce evidence, this violated proper program provision.
Song Liu is smooth: "American government did not provide any evidence that can prove Hua Weicun browbeats in safety. Without the gun, without smoke, a series of movements of the United States just guess. A series of movements of the United States just guess..
China for presiding law Wu Guan Songliu is made the same score
In addition, basis the 889th, congress assumed administrative orgnaization and court to collect fact and the right of executive law, this violated the principle of 3 authority schism of American constitution. China say for statement, this is the despotic rule that replaces adjudgement typically with legislation, it is American constitution makes clear illicit.
Zhang Jianping of vice director of council of learning of academy of Department of Commerce expresses, china can let international society understand more for this action China the truth that is incident, knowing American government is how to not hesitate to strike exotic nation company unconstitutional.
Zhang Jianping: "I feel right China to tell, since be to be in the United States,we hope those who make is decision-making, so it may not be a bad idea of this kind of decision, its legal it may not be a bad idea, provide it may not be a bad idea, should be the spirit of the constitution that can accord with the United States, accord with the requirement of constitution. So I feel to be told from this, china be is to hope to pass a kind of such lawsuit, just can denounce a view to the United States. Just can denounce a view to the United States..
China for official of Wu of company presiding method Song Liu is made the same score
relevant statement is published in " wall street daily " on
5G of China of keep within limits develops, this ability is the United States' real ambition!
Right China company of battalion of the countryman in be this, the United States nots hesitate to touch war greatly, painful next killer, have inkling early actually.
This year on April 12, american president Telangpu was held in the White House about addressing in activity of American 5G deploy, its core viewpoint is, 5G contest has begun, the United States must take this to battle.
Telangpu: "We cannot allow any other countries, compete with the United States in this powerful industry, we are in lead position in a lot of disparate industries, we cannot make other country banner, 5G contest is a competition that the United States must take. 5G contest is a competition that the United States must take..
Chief researcher Zhang Yan gives birth to center of communication of China International economy express, american act was to experience China apparently after pressure of competition of domain of science and technology rebound strongly.
Zhang Yan is unripe: "What because we know the United States,it wants is 3 things. The first whole world heads force, the 2nd he should build Zhang Li to make to the whole world, what he should overturn is the system that he himself builds, free trade system. But he thinks to be in an unfavorable situation, he wants new framework, he wants the system that gains extra advantage unfairly to not be in an unfavorable situation. The 3rd is the 2/3 above that he thinks Chinese GDP occupied it, formed economic menace to it, the menace of science and technology. Fall in this kind of circumstance so, discovery is in communication domain, china should offer the technology of its core to the whole world, the maintenance of core and safeguard, groom with what next transition of core upgrade and coach. The United States realizes suddenly, the new competitor of a science and technology, before go to him in the domain of communication unexpectedly. Before go to him in the domain of communication unexpectedly..
After a month, the 5G strategy layout of American government begins to fulfil. On May 16, american Department of Commerce because of national security, will China reach its for the company 70 affiliated companies include control hypostatic list. China for the Song Dynasty of official of presiding law Wu Liu Ping alludes express when this thing, "Be like the United States formidably, the force with the whole nation, and even employ global diplomacy natural resources, dozen control a private enterprise, inequitable, also initiated a dangerous precedent. Today is telegraphic course of study is mixed China to be damaged, future may be turn for any an any industry, enterprises, any consumer. Future may be turn for any an any industry, enterprises, any consumer..
China the relevant statement that issues for official website
With legal weapon protective self interest will become normal state
Teng Jianqun of director of institute of United States of academy of China International problem expresses, current Sino-US trade friction is the rich play chess that surmounts commercial dealings, future protects commerce through legal approach or the development of science and technology may become normal state.
Teng Jianqun: "A kind of method that we may use future extensively, because American law does not have demarcate of this kind of be good law trade, the commercial activity of be good law, and the United States shows in first impressions are strongest, it is to disobey American freedom to trade really relevant law. I feel this protects our oneself commerce however or a kind of method that science and technology develops, because Sino-US now between this kind of commerce chafes or trade war, it is play chess of a kind of a kind of rich that surmounts commercial dealings actually. So China I feel two respects, can try best to catch up for certain on one hand, more the force that relies on oneself comes in domain of science and technology, in other sphere ceaseless try to be the first. So additional on one hand we also should take legal weapon, more commercial interests that protect oneself, protect the interest of oneself each respect. Protect the interest of oneself each respect..
China for the Song Dynasty of official of presiding law Wu Liu Ping says, judicatory is the last defense line of guardianship justice, the United States is right China be hit it is profitless to press at improving network safety. Network safety is the collective challenge that just faces each. If this also is the target of American government, china by a definite date is needing its change strategy, promote a network security through honest, significant step.
According to litigant process watch, this case will hold a hearing with respect to this motion on September 19.
In addition, according to reporter understanding, afterwards SD memory blocks association (after SDA) , more trade organization begins to restore China for member qualification. Alliance of Wi-Fi alliance, blue tooth technology and JEDEC association (association of solid state technology) wait for trade organization, already all restored China bed membership.
Center wide reporter: Ma Huan