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随着我国国际板的渐行渐近,证券交易中因证券欺诈导致的涉外证券侵权争议将频繁出现。涉外证券侵权之诉中首先需要解决各国法院管辖和法律适用的冲突。保护我国境内投资者利益应成为我国国际板立法关注的重点。为此,在法院管辖的制度设计上,应赋予投资者自主选择境内外法院诉讼的机会,并确保在中国法院诉讼渠道的畅通与统一;法律适用上应以投资者的选择权限制当事人的意思自治,确立并明确最密切联系原则的多元连结点,保证投资者充分选择适用境内外法律的权利。
As the international board of our country gets closer and closer, the disputes over foreign-related securities infringement caused by securities fraud in securities trading will occur frequently. The complaint of infringement of foreign securities first needs to resolve the conflict between the jurisdiction of courts and the application of law in different countries. The protection of the interests of investors in our country should become the focus of the legislation of the international board in our country. For this reason, in the design of the system of court jurisdiction, investors should be given the opportunity to choose domestic and international court proceedings on their own, and to ensure the smooth and uniform litigation channels in Chinese courts. The application of law should limit the parties’ meanings Self-government, establishing and clarifying the most closely linked principle of multiple links to ensure that investors fully choose the right to apply domestic and foreign laws.