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随着全球证券市场的一体化和跨国证券交易的发展,就证券交易行为本身而言,其已跨越了有形的疆界,很多证券欺诈案件也随之带有了国际因素;美国法院出于维护本国证券市场整体性和保护公众投资者的考虑,以判例形式发展了效果准则、行为准则和混合准则作为涉外证券民事欺诈案件对事管辖权受理的标准;本文评析了这三个准则的不足之处,希望能给我国将来的立法带来些须帮助。
With the integration of global securities markets and the development of cross-border securities transactions, as far as the securities trading itself is concerned, it has already crossed the tangible boundary. Many securities fraud cases also bring with it international issues. For the United States courts to safeguard their own country The integrity of the securities market and the consideration of protecting the public investors, the paper has developed the criteria of performance, code of conduct and mixture as the standards of acceptance of jurisdiction in the cases of civil fraud involving foreign securities. This paper analyzes the shortcomings of these three criteria Hoping to bring some help to our country’s future legislation.