SWIFT系统的建立是为了在世界范围内传送金融电文，以该系统为支撑的支付功能是国家金融安全的重要表现。美国频繁操纵SWIFT系统对外展开金融制裁，使以此方式展开的金融制裁备受关注。我国目前法律层面应对此金融制裁的措施呈现碎片化的特点，实践中可操作性有待完善，现有法律及立法思路稍显不足，需要将这些尚待完善的内容纳入到整体的法律框架中予以补强。针对域外国家尤其是美国已有的、和将来可能对我国发起的SWIFT系统金融制裁，我国应着重从预警、反制和救济三个维度构建应对的法律框架。鉴于世界范围内俄罗斯、伊朗等国以及欧盟地区在事实上已经遭到了美国的此种制裁，并且这些国家和地区法律层面的应对策略发挥了一定效果，不失为我国借鉴的蓝本。基于美国愈发将此金融制裁作为推行新型霸权的途径，我国就SWIFT系统金融制裁与应对的法律框架进行思考和研究就显得极为必要。

本文的逻辑思路是，首先提出问题——将来美国可能会应用SWIFT系统对我国展开怎样的金融制裁？我国法律层面应该怎么去有效应对？其次，分析美国已经对我国采取的SWIFT系统金融制裁措施及对我国造成的影响，结合当前中美关系现状对将来美国有可能对我国作出的此类制裁进行预判。并对我国当前应对此类金融制裁的相关立法和不足进行梳理。再次，分析域外典型国家和地区的此类反制裁立法实践，总结归纳其立法经验。最后，结合我国国情辩证地吸收有关先进经验，得出我国在法律层面的应对策略。其中，分析问题的过程是本论文的重点，要密切关注当前严峻的中美局势走向，结合美国财政部不断更新的SDN名单以及中美双方的贸易政策等，方能准确地透过现象看到美国想要如何制裁我国的本质。本论文的难点是得出最终的结论，在阐述我国立法之所缺，梳理域外国家立法之所长，再分析域外的经验如何与我国现有的法律机制相结合，最终形成一套我国特有的应对美国SWIFT系统金融制裁的法律框架。

The establishment of SWIFT system is to transmit financial messages around the world. The payment function supported by this system is an important manifestation of national financial security. The United States frequently manipulates the SWIFT system to carry out financial sanctions, so that the financial sanctions carried out in this way have attracted much attention. At present, China's legal response measures are relatively scattered, and complete systematic rules have not been formed in legislation. In practice, the operability needs to be improved, so it is necessary to absorb the existing legal rules and constantly improve them to build an overall legal framework. In view of the fact that Russia, Iran and other countries in the world as well as the European Union region have been subjected to such sanctions by the United States, and the legal response strategies of these countries and regions have played a certain effect, which can be regarded as the blueprint for China to learn from. On this basis, China is prepared to discuss the legal framework from the three aspects of early warning, countermeasures and relief in view of the existing and possible financial sanctions against SWIFT system launched by countries outside the region, especially the United States. In reality, the United States is increasingly taking the financial sanctions as a way to promote new hegemony. Therefore, it is extremely necessary for China to think and study the legal framework of the financial sanctions and response of SWIFT system.

The logical thinking of this paper is to first raise the question -- what kind of financial sanctions may be applied by the United States against China in the future with SWIFT system? How should the legal level of our country deal with effectively? Secondly, with reading more studies, this paper analyzes the financial sanctions against SWIFT system taken by the United States against China and their impact on China, and makes a prediction of such sanctions that the United States may impose on China in the future based on the current status of China-US relations. And to our country's current deal with this kind of financial sanctions related legislation and deficiencies are sorted out. Thirdly, it analyzes the practice of such anti-sanction legislation in typical countries and regions outside the region and summarizes their legislative experience. Finally, doing it withing reality, the legal level of China's response to the strategy. We should pay more attention to the current trend of the severe Sino-US situation, combined with the continuously updated SDN list of the US Treasury Department and the trade policies of both sides, so as to accurately see the essence of the US sanctions against China through the phenomenon. The difficulty is the final conclusion of this paper, it needs to be under a series of reasoning can be created, lack of legislation in our country, the paper carding outside, director of the national legislation, analysis of extraterritorial experience again how to combine with the existing legal system in our country, finally formed a peculiar to our country to deal with SWIFT system legal framework of financial sanctions the United States.