IMF协定下人民币汇率是否被操纵的法律审视
发布时间：2019-06-09 23:09
【摘要】：在经济全球化的背景下,伴随着中国贸易规模的扩大和综合国力的增强,国际上对人民币汇率的指责也接踵而来。金融危机企稳之后,以美国为首的西方国家,为了给本国的经济复苏和就业增长拓展空间,对人民币汇率再一次发难,指责人民币汇率被人为操纵,中国因此而获得了不公平的竞争优势,这违反了IMF的有关规定,并谋求在政治上、经济上、舆论上等形成合围之态和高压之势,逼迫中国短期内大幅提高人民币汇率。一方面是国际上要求人民币升值的压力在逐渐增大,另一方面是国内学者对人民币汇率是否被操纵这一议题,从国际法层面的研究和回应还为数不多,也没有达成系统性、成熟性、广泛性的共识。本文正是在这个背景下,冷静看待西方国家有关人民币汇率被操纵的指控,认真研究IMF协定等相关国际条约的基础上,针对西方国家的指责,做出国际法层面的回应,同时提出了中国下一步的积极应对之策。 本文可以分为四个部分。第一部分介绍了汇率和人民币汇率的历史演变,具体包括汇率的概念和产生原因,汇率的种类和作用,建国以来人民币汇率的历史演变。通过此部分的介绍,意在使读者对有关汇率及人民币汇率的基本情况有个大概的知悉。第二部分对人民币汇率争端的现状和原因进行了分析和阐述,通过此部分,笔者意在使读者对有关人民币汇率被操纵的指责有个基本了解。第三部分是文章最重要的部分,笔者先从国际法理论层面对国际上有关人民币汇率被操纵的指责做出回应的同时,后又通过IMF等组织发布的报告,用现实的事例佐证研究得出来的结论,也用现实的事例来对国际上有关人民币汇率被操纵的指责做出回应。文章认为,人民币汇率是中国的主权,中国已经履行了IMF框架下的义务,人民币汇率并未被人为操纵,是合法的、正当的。第四部分是本文具有创新性的部分,提出了中国的应对之策,文章指出,尽管西方国家对人民币汇率被中国人为操纵的指控不能成立,但我们仍要保持清醒的认识和足够的警惕,仍要采取综合配套措施,为中国的人民币汇率进一步改革及和平崛起争取有利的空间和营造良好的环境。
[Abstract]:Under the background of economic globalization, with the expansion of China's trade scale and the enhancement of comprehensive national strength, international accusations of RMB exchange rate have also followed. After the financial crisis stabilized, the western countries, led by the United States, in order to expand their own economic recovery and employment growth, once again hit the RMB exchange rate, accusing the RMB exchange rate of being artificially manipulated. As a result, China has gained an unfair competitive advantage, which violates the relevant provisions of the IMF and seeks to form a closed and high-handed trend in politics, economy and public opinion, forcing China to significantly increase the RMB exchange rate in the short term. On the one hand, the international pressure for RMB appreciation is gradually increasing, on the other hand, there are few studies and responses from the level of international law on whether the RMB exchange rate is manipulated by domestic scholars, and there is no systematic conclusion. A consensus of maturity and universality. Under this background, this paper calmly looks at the allegations of RMB exchange rate manipulation in western countries, seriously studies the IMF agreement and other relevant international treaties, and responds to the accusations of western countries at the level of international law. At the same time, this paper puts forward some positive countermeasures for China to deal with it in the next step. This paper can be divided into four parts. The first part introduces the historical evolution of exchange rate and RMB exchange rate, including the concept and causes of exchange rate, the types and functions of exchange rate, and the historical evolution of RMB exchange rate since the founding of the people's Republic of China. Through this section of the introduction, the purpose of the reader to have a general knowledge of the exchange rate and RMB exchange rate. The second part analyzes and expounds the present situation and causes of RMB exchange rate disputes, through which the author intends to make readers have a basic understanding of the accusation that RMB exchange rate has been manipulated. The third part is the most important part of the article. The author first responds to the international accusations that the RMB exchange rate has been manipulated from the theoretical level of international law, and then publishes the report through the IMF and other organizations. Realistic examples are used to support the conclusions of the study, and realistic examples are also used to respond to international accusations that the RMB exchange rate has been manipulated. The article holds that the RMB exchange rate is China's sovereignty, China has fulfilled its obligations under the framework of IMF, and the RMB exchange rate has not been manipulated artificially, which is legal and legitimate. The fourth part is the innovative part of this paper, which puts forward China's countermeasures. The article points out that although the western countries can not hold the accusation that the RMB exchange rate is manipulated by the Chinese, However, we should still maintain a clear understanding and sufficient vigilance, and still take comprehensive supporting measures to strive for favorable space and create a good environment for the further reform and peaceful rise of China's RMB exchange rate.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.2;F832.6
本文编号：2495971
[Abstract]:Under the background of economic globalization, with the expansion of China's trade scale and the enhancement of comprehensive national strength, international accusations of RMB exchange rate have also followed. After the financial crisis stabilized, the western countries, led by the United States, in order to expand their own economic recovery and employment growth, once again hit the RMB exchange rate, accusing the RMB exchange rate of being artificially manipulated. As a result, China has gained an unfair competitive advantage, which violates the relevant provisions of the IMF and seeks to form a closed and high-handed trend in politics, economy and public opinion, forcing China to significantly increase the RMB exchange rate in the short term. On the one hand, the international pressure for RMB appreciation is gradually increasing, on the other hand, there are few studies and responses from the level of international law on whether the RMB exchange rate is manipulated by domestic scholars, and there is no systematic conclusion. A consensus of maturity and universality. Under this background, this paper calmly looks at the allegations of RMB exchange rate manipulation in western countries, seriously studies the IMF agreement and other relevant international treaties, and responds to the accusations of western countries at the level of international law. At the same time, this paper puts forward some positive countermeasures for China to deal with it in the next step. This paper can be divided into four parts. The first part introduces the historical evolution of exchange rate and RMB exchange rate, including the concept and causes of exchange rate, the types and functions of exchange rate, and the historical evolution of RMB exchange rate since the founding of the people's Republic of China. Through this section of the introduction, the purpose of the reader to have a general knowledge of the exchange rate and RMB exchange rate. The second part analyzes and expounds the present situation and causes of RMB exchange rate disputes, through which the author intends to make readers have a basic understanding of the accusation that RMB exchange rate has been manipulated. The third part is the most important part of the article. The author first responds to the international accusations that the RMB exchange rate has been manipulated from the theoretical level of international law, and then publishes the report through the IMF and other organizations. Realistic examples are used to support the conclusions of the study, and realistic examples are also used to respond to international accusations that the RMB exchange rate has been manipulated. The article holds that the RMB exchange rate is China's sovereignty, China has fulfilled its obligations under the framework of IMF, and the RMB exchange rate has not been manipulated artificially, which is legal and legitimate. The fourth part is the innovative part of this paper, which puts forward China's countermeasures. The article points out that although the western countries can not hold the accusation that the RMB exchange rate is manipulated by the Chinese, However, we should still maintain a clear understanding and sufficient vigilance, and still take comprehensive supporting measures to strive for favorable space and create a good environment for the further reform and peaceful rise of China's RMB exchange rate.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.2;F832.6
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