On Choice Of Law For Foreign-Related Security Infringements

Securities tort refers to the issuer,listed companies,securities companies,securities,and securities market main body structure of mediation,engaged in the securities law and the relevant securities which is prohibited by the laws,regulations and rules of behavior,such as false statement,insider trading and market manipulation behavior,violates the property rights of others,and shall bear civil liability according to law.With the advance of the global economic integration process,the international securities market is changing rapidly,and the lagging of the legislation makes the regulation of the securities market always lagging behind the development of securities trading.Securities market violation behavior of achievement method cannot have satisfied the legislative purpose of investor protection,the legislation in many countries began to open for securities investors securities tort law relief way.Some of the most developed countries in the securities market have the early origin of the legislation on the system of securities tort litigation,and have been quite mature after the polishing of many precedents.However,after the establishment of the private legal remedy path for securities infringement in China,relevant legislation is very conservative,which is unfavorable to the protection of small and medium investors.Foreign securities trading is very frequently in recent years,transnational securities torts,developed countries about the international securities torts is a complete rules of the applicable law,and there are a lot of cases can be used as a reference,and applicable rules on securities torts law in our country has not yet been established,the lack of rules of law applicable to make our country in foreign securities infringement appears very passive.This paper from the United States and the European Union's foreign securities tort law applicable rules,from the Angle of theory to analyze its advantages and disadvantages in the process of legal application,and finally to our country foreign securities tort law applicable to give advice.In this paper,besides introduction and conclusion is divided into four parts altogether:the first part Outlines the concept of foreign securities torts,analysis and comparison of countries on securities torts legislation,found that there were a lot of conflict of laws,and respectively analysis of foreign-related tort law applicable to a few link points,probe into its value orientation;In the second part,the author analyzes the legal choice of the United States and the European Union concerning foreign securities tort law,and then makes a brief comment on it from the perspective of value neutrality.The third part in modern tort law concerning foreign affairs is formula(for the applicable to use in foreign securities tort law choice,analysis the advantages and disadvantages,balance the country's public order and protection of the rights and interests of private,find out the optimal link points;The fourth part is the current situation of legislation and relevant legislation.