Study Of Foreign Investment In Securities Law

Our country's Foreign-related Securities Investment system is in the securities investment becomes the international investment under the new tendency background to develop gradually.In 2003 we established the QFII system officially,afterward promoted the QDII system,but also has early already B market which exists,the capital transnational two-way flow mechanism formation,the Foreign-related Securities Investment system begins to take shape,simultaneously also set a higher request to our country's stock market standard and the supervision.Carries out Foreign-related Securities Investment system regarding the better attraction foreign capital entry,to improve the market participant structure,the transformation investment idea and the investment strategy, the promotion to be listed further consummates the management structure as well as alleviates our country Renminbi revaluation the huge pressure, to open many kinds of investment channels for the general investors to have the positive significance,but simultaneously we should see that the foreign securities investment system is an emerging system,not mature is imperfect,needs us further diligently to explore in reality.This paper is divided five parts,starting at enhancing the efficiency, defending stability,reducing the risk,ensuring safety of securities market, considering the present condition of securities transnational holding in China,on the basis of analysis and research on the QFII and QDII system, borrowing the successful experience in newly rising market and the mature system of supervision and control on the transnational securities investment indeveloped countries,gives the rationalized suggestions to the improvement of QFII and QDII system.Simultaneously this paper also obtains from the securities supervision law macroscopic construction to propose that the related suggestion and the countermeasure,including the consummation take "Securities law" as the core a series of securities supervision laws and regulations,strengthen the negotiable securities supervision organization international cooperation,strengthens the securities supervision laws and regulations law enforcement mechanism, the guaranteed security supervision legal regime's implementation.The introduction part main introduction this article's selected topic and the writing goal,the present situation related of studying,as well as innovation.The first chapter is to the outline of foreign-related securities investment system.Obtained from the elaboration foreign-related securities investment's concept,to set the foreign securities investment scope(to have two-way),has analyzed its legal characteristic as well as the rationale.The second chapter introduced the foreign securities investment overseas law and the practice.According to the foreign-related securities investment's two-way characteristic,elaborated the emerging market economical country stock market inflow of capital supervision law and the practice as well as the emerging market economical country foreign -related securities investment supervision law separately,and has summarized induced the above experience to our country's enlightenment.The third chapter take QFII,B-share as the center,the analysis to the foreign-related securities investment's the foreign capital existence question,and flaw as well as consummates and proposes the suggestion measure.The fourth chapter take QDII as the center,including operation procedure,the existence question and consummates and proposes the suggestion measure.The fifth chapter take foreign-related securities investment supervision legal framework's macroscopic coordinated construction as a center,after having analyzed in the stock market opening situation and securities law supervision existence question,proposed to further be perfect and the foreign securities investment related securities supervision legal regime.This paper take the economical legal,the economic as the rationale, uses the economic analysis and the legal science theoretical analysis unifies,the comparative analysis and induces the analysis to unify the method which,the canonical parse and the empirical analysis unify to elaborate the foreign securities investment system's relevant law question.