On The Application Of Law Of Cross-border Securities Infringement Under Shenzhen-hong Kong Stock Connect

In order to comply with the development of the internationalization of securities market and enhance the opening level of China's capital market,China has launched Shanghai-Hong Kong stock connect and Shenzhen-Hong Kong stock connect,which will closely link the Mainland financial market and Hong Kong financial market and deepen bilateral financial co-operation.This kind of transaction mechanism has created the frequent cross-border flow of international capital,which has injected the Mainland and Hong Kong stock market into a steady stream of development momentum,on the other hand also makes the cross-border securities infringement disputes greatly increased.Therefore,supporting the follow-up cross-border securities trading legal system and improving the cross-border securities infringement law applicable rules,become an urgent problem to be solved.From the legal relationship between cross-border securities infringement,combined with the contents of Shenzhen-Hong Kong stock connect,and the main body of the market involved in the transaction,this paper analyzes the differences between the types of cross-border securities infringement and the cross-border securities infringement under Shenzhen-Hong Kong stock connect,and then analyzes the three aspects:the connection rules of conflict rules,the types of conflict rules and mandatory provisions,and finally compared the similarities and differences between the Mainland and Hong Kong cross-border securities infringement laws,and provided ideas for improving the application rules of cross-border securities infringement laws in the Mainland.This paper uses the comparative method and case analysis method.The full text is divided into five parts,including the introduction,the first chapter,the second chapter,the third chapter and the conclusion.The main contents of each part are as follows:The introduction mainly introduces the realistic background and significance of this study,the research status quo at home and abroad and the research method.Chapter one starts from the content of Shenzhen-Hong Kong Stock Connect,and introduces the civil legal relationship,and then analyzes the types of infringement of securities and the differences between it and general cross-border securities infringement.Chapter two compares the similarities and differences between the Mainland and Hong Kong cross-border securities infringement laws from the three aspects:the connection point of the conflict rules,the type of the conflict rules and mandatory provisions,and provides ideas for perfecting the rules of law applicable on cross-border securities infringement in the Mainland.In Chapter three,according to the present situation of the application of law on cross-border securities infringement in China,the corresponding suggestions are put forward after the comprehensive measure of maneuverability and time cost:in the specific rules,China's "Securities Law" and "Law on Choice of Law for Foreign-related Civil Relationships" should be revised;in addition,a joint securities court could also be established between the Mainland and Hong Kong,which will specifically try securities cases under Shanghai-Hong Kong stock connect and Shenzhen-Hong Kong stock connect.In the conclusion,the author summarizes the main points of this paper,and points out that we can perfect the norms of national conflict of laws and the substantive law of securities,and can also innovate judicial trial practice to deal with the possible legal conflicts of cross-border securities infringement.