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《Journal of Shandong University of Science and Technology(Social Sciences)》 2016-02
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Establishing Sound Foreign-related Judicial Environment to Promoting One Belt One Road Strategy:From the Perspective of the Application of Law in Cross-border Listing Disputes

GUO Yujun;SI Wen;Institute of International Law,Wuhan University;  
As the number of cross-border listing disputes increases,it is much more difficult for courts to make judgments because of the specialization and complexity of these disputes.Through studying cases related to VIE and VAM contracts,this paper proposes that the court should be discreet to invalidate these contracts absolutely.The court should be prudent in application of laws,applying mandatory rules and public policy accurately,showing full respect for general commercial transaction rules and party autonomy,and safeguarding rights and benefits of investors.Judicators should be more inclusive and forward-looking,and keep expending knowledge on cross listing.The parties had better choose arbitration to settle disputes as much as possible.Scholars should research on this issue in depth to provide theoretical guidance for the judicial practice.
【CateGory Index】: D922.295
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