主权财富基金监管的法律问题研究
发布时间：2018-08-22 10:07
【摘要】：主权财富基金是主权国家所有或管理的政府投资工具。最早的主权财富基金产生于上世纪五十年代,但因其总体规模不大,且多由小国建立,对金融市场的影响力有限,因此并未引起国际社会的广泛关注。在始自2007年的全球金融危机中,主权财富基金通过巨额的跨国投资行为,提供了当时金融市场上紧缺的流动性,并对西方资本市场的调整起到了至关重要的作用,由此开始步入人们的视野。与此同时,主权财富基金也因其浓厚的政府背景以及庞大的资产规模,引起了相关国家的担忧与质疑,要求加强监管主权财富基金的呼声也越来越强烈。目前来看,主权财富基金的监管多从国内层面进行,即通过基金设立国和投资东道国自身的努力来规范其投资活动,但我们更应该看到,通过搭建国际合作平台来避免单边监管的混乱以实现不同主体的利益诉求已成为了主权财富基金监管的重要趋势和潮流。 本文包括引言、正文和结论三个部分。正文部分共四章： 第一章为主权财富基金概述。本章讨论了主权财富基金的几种权威定义,进而总结出主权财富基金的基本特征,分析了主权财富基金的法律形式,并将其与国际典型投资基金或投资形式进行对比厘清,为之后主权财富基金监管构架的论述埋下了伏笔。 第二章为主权财富基金国内监管的分析。本章从母国监管和东道国监管两个层面对主权财富基金的国内监管进行了深入分析,在总结其经验教训的基础上提出了自己的观点与看法。 第三章为主权财富基金国际监管的论述。本章从目前的国际组织对主权财富基金监管的主要倡议出发,细致分析了国际货币基金组织出台的《圣地亚哥原则》,经济合作与发展组织制定的《主权财富基金投资东道国政策的指导方针》。此外,还针对一些学者建议将主权财富基金监管纳入世界贸易组织框架下的观点,提出了自己的看法。 第四章则是在介绍我国主权财富基金的相关概况和监管现状的基础上,从国内和国际监管的双重角度对完善我国主权财富基金的监管框架提出意见和建议。
[Abstract]:Sovereign wealth funds are government investment vehicles owned or managed by sovereign states. The earliest sovereign wealth funds emerged in the 1950s, but have not attracted much international attention because of their small overall size and small countries' limited influence on financial markets. In the global financial crisis that began in 2007, sovereign wealth funds provided scarce liquidity in the financial markets through massive cross-border investment, and played a crucial role in the adjustment of Western capital markets. Thus began to step into the people's vision. At the same time, sovereign wealth funds, because of their strong government background and huge assets, have aroused concern and doubt from relevant countries, and calls for stronger supervision of sovereign wealth funds have become increasingly strong. At present, the regulation of sovereign wealth funds is mostly carried out at the domestic level, that is, through the efforts of the founding countries of the funds and the host countries themselves to regulate their investment activities, but we should see more. It has become an important trend and trend for sovereign wealth fund supervision to avoid the confusion of unilateral supervision through setting up international cooperation platform to realize the interests of different subjects. This paper includes three parts: introduction, text and conclusion. There are four chapters in the text: the first chapter is an overview of sovereign wealth funds. This chapter discusses several authoritative definitions of SWFs, then summarizes the basic characteristics of SWFs, analyzes the legal forms of SWFs, and compares them with typical international investment funds or investment forms. Later, the sovereign wealth fund regulatory framework laid the groundwork. The second chapter is the analysis of the domestic supervision of sovereign wealth funds. This chapter makes an in-depth analysis of the domestic supervision of sovereign wealth funds from the two aspects of home country supervision and host country supervision, and puts forward its own views and opinions on the basis of summing up its experience and lessons. The third chapter is the international supervision of sovereign wealth funds. This chapter builds on the current major initiatives of international organizations to regulate sovereign wealth funds, The "Santiago principles" issued by the International Monetary Fund (IMF) and the guidelines for the Host country Policy of the Sovereign Wealth Fund (SWF) formulated by the Organization for Economic Cooperation and Development (OECD) are analyzed in detail. In addition, a number of scholars proposed to include sovereign wealth fund regulation within the framework of the World Trade Organization, put forward their own views. The fourth chapter is based on the introduction of the general situation of China's sovereign wealth funds and the current situation of supervision, and puts forward suggestions and suggestions to improve the regulatory framework of China's sovereign wealth funds from the perspective of both domestic and international supervision.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.2
[Abstract]:Sovereign wealth funds are government investment vehicles owned or managed by sovereign states. The earliest sovereign wealth funds emerged in the 1950s, but have not attracted much international attention because of their small overall size and small countries' limited influence on financial markets. In the global financial crisis that began in 2007, sovereign wealth funds provided scarce liquidity in the financial markets through massive cross-border investment, and played a crucial role in the adjustment of Western capital markets. Thus began to step into the people's vision. At the same time, sovereign wealth funds, because of their strong government background and huge assets, have aroused concern and doubt from relevant countries, and calls for stronger supervision of sovereign wealth funds have become increasingly strong. At present, the regulation of sovereign wealth funds is mostly carried out at the domestic level, that is, through the efforts of the founding countries of the funds and the host countries themselves to regulate their investment activities, but we should see more. It has become an important trend and trend for sovereign wealth fund supervision to avoid the confusion of unilateral supervision through setting up international cooperation platform to realize the interests of different subjects. This paper includes three parts: introduction, text and conclusion. There are four chapters in the text: the first chapter is an overview of sovereign wealth funds. This chapter discusses several authoritative definitions of SWFs, then summarizes the basic characteristics of SWFs, analyzes the legal forms of SWFs, and compares them with typical international investment funds or investment forms. Later, the sovereign wealth fund regulatory framework laid the groundwork. The second chapter is the analysis of the domestic supervision of sovereign wealth funds. This chapter makes an in-depth analysis of the domestic supervision of sovereign wealth funds from the two aspects of home country supervision and host country supervision, and puts forward its own views and opinions on the basis of summing up its experience and lessons. The third chapter is the international supervision of sovereign wealth funds. This chapter builds on the current major initiatives of international organizations to regulate sovereign wealth funds, The "Santiago principles" issued by the International Monetary Fund (IMF) and the guidelines for the Host country Policy of the Sovereign Wealth Fund (SWF) formulated by the Organization for Economic Cooperation and Development (OECD) are analyzed in detail. In addition, a number of scholars proposed to include sovereign wealth fund regulation within the framework of the World Trade Organization, put forward their own views. The fourth chapter is based on the introduction of the general situation of China's sovereign wealth funds and the current situation of supervision, and puts forward suggestions and suggestions to improve the regulatory framework of China's sovereign wealth funds from the perspective of both domestic and international supervision.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.2
【相似文献】
相关期刊论文 前10条
1 ;政策法规[J];工会博览;2011年07期
2 路阳;颜易;;中国股权投资基金领跑者王树海访谈[J];海内与海外;2011年07期
3 陈良;;强化依法监管 维护基金安全[J];中国社会保障;2011年07期
4 陈媛媛;;体育慈善基金发展的问题与对策[J];运动;2011年07期
5 ;国际(2010后10月16日-10月22日)[J];w，
本文编号：2196775
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2196775.html
