Author
Asst Prof Duan Xinrui
Organisation/Institution
Zhongnan University of Economics and Law, school of international law
Country
CHINA
Panel
Private International Law
Title
Choice of Law Methods for Stablecoins
Abstract
Current research on stablecoins, both in China and internationally, primarily focuses on financial regulation, with limited research on the choice of law. Both current legislation and judicial practice in China face the issue about choice of law of stablecoins. In legislation, Hong Kong's Stablecoin Ordinance conflicts with regulations from Chinese mainland ministries. In judicial practice, Chinese courts have exhibited issues such as neglecting foreign-related factors and applying inconsistent regulations in stablecoin disputes. Determining the applicable law for stablecoins should begin with a characterization analysis to identify the type and legal attributes of the stablecoin. A Depecage approach can be adopted, distinguishing between three relationships: the stablecoin itself, the stablecoin and the asset represented by the stablecoin, and the stablecoin issuer and holder, and determining the appropriate applicable law for each of these relationships.
Biography
Educational Background: 2021 to2025 International Law major (PhD) at Renmin University of China Law School 2019 to January 2020, there was an intercollegiate exchange program at National Chengchi University in Taiwan 2017.09-2020.06 Wuhan University Law School International Law major (Master's degree) 2013.09-2017.06 Law School of Hunan Normal University (Bachelor's degree) Working experience: 2025 Assistant Professor in Zhongnan University of Economics and Law, school of international law 2018-2019 Working as a legal assistant in a law firm Research achievements： Publish three CSSCI papers about international commercial arbitration, international comity and Cross-border Insolvency. Research interests: Privat internation law, internation commercial arbitration, digitial currency.
