我国证券法域外适用问题探究

Research on the Extraterritorial Application of Securities Law

摘要: 在证券市场全球化的背景下，我国《证券法》增设了域外适用条款，意在提高跨境证券监管水平，同时反制外国不恰当的证券域外管辖，但该条款的用语过于宽泛，留下了较多立法空白，难以有效指导我国证券法的域外适用。美国作为发达的证券市场国家，有较为完备的证券域外适用规则，我国可以考虑借鉴美国的相关经验，增加我国证券法域外适用条款的明确性和可适用性。

Abstract: In the context of the globalization of the securities market, our country’s Securities Law has added extraterritorial provisions to purify the investment environment of the cross-border securities market, and at the same time counter the inappropriate extraterritorial jurisdiction of foreign securities. However, this provision is too broad, leaving many legislative blanks, and it is difficult to effectively guide the extraterritorial application of my country’s securities law. As a developed country that has mature stock market, the United States has relatively complete securities extraterritorial applicable rules. Our country can consider learning from the relevant experience of the United States to increase the clarity and applicability of the extraterritorial applicable provisions of my country’s securities laws.