主权财富基金的国家豁免问题研究
发布时间：2019-01-24 15:23
【摘要】：2007年金融危机的爆发将“主权财富基金”这个被人们忽略很久的投资力量推向了世界经济的前台。对于主权财富基金,国际社会至今都没有形成一个被普遍接受的定义,再加上其天然的政府主权性质和信息的隐蔽性,就造成了投资接受国对于主权财富基金可能利用国家豁免理论逃避其国内法律追究的担心。在这种担心下,主权财富基金受到了越来越多的限制。这些限制不仅使基金母国倍受其害,也不利于投资接受国走出危机的阴霾。 为了使主权财富基金能够在国际金融市场上发挥自己应有的作用,也为了消除发达国家对于发展中国家的“歧视性”对待,本文在详细介绍主权财富基金和国家豁免理论的基础上,对于主权财富基金是否可能实现国家豁免进行了主客观方面的分析。并在此基础上针对我国主权财富基金——中国投资有限责任公司的运营现状,提出完善建议,以期促进中投公司更好地完成其成立目标。 本文共分为五个部分。前言部分简要介绍了本文写作的背景、目的和研究内容。第一章通过分析主权财富基金的概念、特征、发展过程等基本情况介绍了主权财富基金的现状和它们所面临的国家豁免问题。第二章详细介绍了“国家豁免”理论,包括该理论的发展和演变。其中主要介绍了国际立法努力的成果——《联合国国家及其财产管辖豁免公约》,并针对《公约》的具体规定详细从主体、行为性质和财产的执行豁免等方面辨析主权财富基金是否可以主张国家豁免。通过上述分析得出主权财富基金不符合《公约》可以豁免的规相关定的结论。第三章主要是在分析上述问题的基础上针对我国主权财富基金的现状和国际投资对主权财富基金的要求,从运营角度提出自己对中投公司的改进建议,以期对我国主权财富基金更好地发展有所帮助。最后的结论部分总结了本文观点,并最终导出了“接受主权财富基金投资的国家不需要有国家豁免方面的担心”这一结论。
[Abstract]:The outbreak of the financial crisis in 2007 pushed sovereign wealth funds, a long-neglected investment force, to the forefront of the world economy. For sovereign wealth funds, the international community has yet to come up with a universally accepted definition, coupled with its natural sovereign nature of government and the concealment of information. This raises concerns among recipient countries that sovereign wealth funds may use the doctrine of state immunity to evade their domestic law. Amid such concerns, sovereign wealth funds are increasingly constrained. These restrictions not only hurt the home country of the fund, but also prevented the recipient country from emerging from the crisis. In order to enable sovereign wealth funds to play their rightful role in international financial markets and to eliminate the "discriminatory" treatment of developing countries by developed countries, On the basis of introducing the theory of sovereign wealth fund and state immunity in detail, this paper analyzes whether sovereign wealth fund can realize state immunity in subjective and objective aspects. On the basis of this, the author puts forward some suggestions on the operation of China Investment Co., Ltd., which is the sovereign wealth fund of China, in order to promote CIC to achieve its founding goal better. This paper is divided into five parts. The preface briefly introduces the background, purpose and research content of this thesis. The first chapter introduces the current situation of sovereign wealth funds and the state immunity they face by analyzing the concept, characteristics and development process of sovereign wealth funds. The second chapter introduces the theory of State immunity in detail, including its development and evolution. It mainly introduces the results of international legislative efforts, the United Nations Convention on jurisdictional Immunities of States and their property, and, in the light of the specific provisions of the Convention, Whether sovereign wealth fund can claim state immunity is analyzed in the aspects of behavior nature and property immunity. The above analysis concludes that sovereign wealth funds do not comply with the provisions exempted by the Convention. The third chapter is mainly on the basis of analyzing the above problems, aiming at the current situation of China's sovereign wealth funds and the requirements of international investment to sovereign wealth funds, the author puts forward his own suggestions for improving CIC from the operational point of view. With a view to our country's sovereign wealth funds better development help. The final conclusion summarizes the point of view of this paper, and finally leads to the conclusion that countries receiving sovereign wealth fund investment do not need to be worried about state immunity.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
本文编号：2414588
[Abstract]:The outbreak of the financial crisis in 2007 pushed sovereign wealth funds, a long-neglected investment force, to the forefront of the world economy. For sovereign wealth funds, the international community has yet to come up with a universally accepted definition, coupled with its natural sovereign nature of government and the concealment of information. This raises concerns among recipient countries that sovereign wealth funds may use the doctrine of state immunity to evade their domestic law. Amid such concerns, sovereign wealth funds are increasingly constrained. These restrictions not only hurt the home country of the fund, but also prevented the recipient country from emerging from the crisis. In order to enable sovereign wealth funds to play their rightful role in international financial markets and to eliminate the "discriminatory" treatment of developing countries by developed countries, On the basis of introducing the theory of sovereign wealth fund and state immunity in detail, this paper analyzes whether sovereign wealth fund can realize state immunity in subjective and objective aspects. On the basis of this, the author puts forward some suggestions on the operation of China Investment Co., Ltd., which is the sovereign wealth fund of China, in order to promote CIC to achieve its founding goal better. This paper is divided into five parts. The preface briefly introduces the background, purpose and research content of this thesis. The first chapter introduces the current situation of sovereign wealth funds and the state immunity they face by analyzing the concept, characteristics and development process of sovereign wealth funds. The second chapter introduces the theory of State immunity in detail, including its development and evolution. It mainly introduces the results of international legislative efforts, the United Nations Convention on jurisdictional Immunities of States and their property, and, in the light of the specific provisions of the Convention, Whether sovereign wealth fund can claim state immunity is analyzed in the aspects of behavior nature and property immunity. The above analysis concludes that sovereign wealth funds do not comply with the provisions exempted by the Convention. The third chapter is mainly on the basis of analyzing the above problems, aiming at the current situation of China's sovereign wealth funds and the requirements of international investment to sovereign wealth funds, the author puts forward his own suggestions for improving CIC from the operational point of view. With a view to our country's sovereign wealth funds better development help. The final conclusion summarizes the point of view of this paper, and finally leads to the conclusion that countries receiving sovereign wealth fund investment do not need to be worried about state immunity.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996
【参考文献】
相关期刊论文 前1条
1 张贵玲;;国家及其财产管辖豁免的新发展[J];西北民族大学学报(哲学社会科学版);2006年05期
，本文编号：2414588
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