资金融通的风险防范与司法管辖——以“一带一路”为视角

A Study on Risk Prevention and Jurisdiction of Financing——From the Perspective of “One Belt One Road”

资金融通是"一带一路"倡议合作机制的重要内容。在开展合作的同时,也可能面临着经济、政治、法律和国家主权信用等风险。为应对可能风险,应当探索包含管辖在内的"一带一路"争端解决机制,明确国际金融组织的司法管辖豁免及限制,明确商业金融机构司法管辖的优先顺序,明确刑事案件的排他性司法管辖,明确央行货币互换的司法管辖特例。

Financing is an important part of the cooperation mechanism of One Belt, One Road. In the process of cooperation, we are also probably faced with all kinds of risks like economics, politics, laws and national sovereign credit. In order to cope with the potential risks, we should explore the dispute settlement mechanism of One Belt one Road including the jurisdiction, and clearly defne the jurisdiction exemption and restrictions of international fnance organizations, the priority of jurisdiction of commercial fnance institutions, the exclusiveness of jurisdiction of criminal cases as well as the specifc cases of jurisdiction of central bank currency exchange.