Study On Stock Tort Lawsuit Procedure

Although the stock market in China developed amazingly in recent years, there're cases of invading investor came out one after another. The most important problem of our stock market is the protect of investors invaded by improper behaviors in the market. The authority punished those deregulation or lawbreaking, but didn't resort to actual measures to protect the weak investors, just because the authority didn't have the enough power to do such things according to law. On January 15th , 2002, the Supreme Court issued a notice of problems of tort cases caused by false statement in stock market (Notice for short hereinafter). On December 12th, 2002, the Supreme Court issued a rule of how to judge the cases of compensate for false statement (Certain rules for short hereinafter) to embody the notice, making it easier to operate in practice. But for some reasons, there're many problems in the rule, this thesis analyzed the defects of stock tort lawsuit procedure, and gave some advices to make up for it. This thesis contains preface, text(divided into four chapters) and epilogue. In the preface, the author indicated the topic of this thesis, and limited the discussion, defined the parties of stock tort lawsuit to investors and those who might invade investors such as the company has been marketed , the securities company who take on the responsibility for sell the securities ,the accountant office, the law office and the negotiable securities analyst and so on the possibility violates the investor rights and interests. The first chapter is the negotiable securities right infringement relief machine-made present situation, briefly has analyzed the concept, the type and its includes of the negotiable securities abuse of authority. Meanwhile to created the negotiable securities right infringement exuded the main reason to carry on the elaboration, namely in the legislation insufficiency and the judicature was not independent. The second chapter is some questions about our country negotiable securities right infringement lawsuit, the author detailedly analysis the accepting scope, implead condition and prefix procedure, jurisdiction, lawsuit attendants, lawsuit mode, the burden on provide evidence , and so on. The questions include: The scope is too narrow, The inside transaction, control securities market etc, have not been brought into the accepting scope, The implead condition is high, the prefix procedure doesn't favor to the investor legitimate rights and interests protection, The clime domination does not favor the case the fair trial and the execution when the local administration authority intervenes. The lawsuit attendants have in the certain degree is short of regarding. The lawsuit mode has some limitation, the single lawsuit possibly can bring the judicial resources the huge waste, at the same time also has the possibility to bring the judicature unfairly, possibly enables the litigant which receives the same harm not to be able to obtain the same compensation. The common lawsuit mode cannot completely solve all problem. "Notice" and "Certain rules" removed representative lawsuit being suitable is does not conform to the judicial practice requirement and the present international convention. Certainly, natural representative lawsuit itself has some problems, this requests us to reconstruct it and utilize reasonably. The provision of the burden on provide evidence has some deficiency. The third chapter is the foundation and the safeguard of reconstructing our country negotiable securities right infringement lawsuit mechanism, from some rationale of civil procedure law and value orientation, strengthen the theory depth of the article. The rationale elaborates the negotiable securities right infringement lawsuit necessity from protection of the civil impleading right and goal of the civil action. As to the value orientation, the author analyzes it from the civil liability independent value, protects the investor benefit, assists the market management and the safeguard foreign cooperation and so on. The...