跨国证券投资的法律冲突问题研究

Research on Conflict of Laws in Transnational Security Investment

各国在投资法、证券法、合同法、银行法、公司法等领域的内容差异,是产生跨国证券发行与交易法律冲突的基本原因。目前国际社会并无统一专项的国际公约与国际惯例对此予以协调和规制,相关的国内立法是跨国证券投资及其法律冲突的主要法律渊源。本文着重论述各国在证券发行、交易及其投资领域的法律规则差异和冲突,以此作为研究跨国证券投资领域中解决法律冲突问题的前提,并在此基础上,探究跨国证券投资法律适用的一般原则。

The differences among various countries' investment,security,contract, banking and company laws are the fundamental reason for the conflict of laws in the issuance and transactions of international securities.Currently,there is no yet an uniformed international convention and practice to regulate these issues in the global economy.Related domestic legislations are the main sources for the transnational security investment and its conflict of laws.This paper mainly discusses the differences and conflict of legal rules among various countries concerned with the issuance and transaction of securities and the areas of investment.It aims to use this analysis to further examine the possibility of a solution to the conflict of laws in the areas of transnational security investment,so as to find out the general principles of law application for transnational security investment.