Discusses Stock Exchange Management Behavior Of Judicial Intervention

Our country securities market late start for securities investors benefit protection, the laws and regulations and related system is not perfect, it will inevitably lead to securities investors seeking rights through various channels of relief, and that one of the most effective is the judicial relief. Judicial intervention stock exchange management behavior refers to the stock exchange in practice self-discipline management process, damage the interests of the securities investors, causing securities investors take the judicial relief measures to maintain their own legal rights. Judicial intervention stock exchange management behavior for securities investors as the place for stock exchange and the defects. Judicial intervention stock exchange management actions have the right of the modern idea of rule will be relief for securities investors, the protection of benefit. In various relief measures, the judicial relief is the most strict, is also the most effective remedies. Through the judiciary in ways to ensure that the securities investor interest, see, it is in the form of legal ideology accords with modern, see that it is in essence the securities investor interest rise to human rights Angle protected. Therefore, the judicial intervention stock exchange management behavior of securities investor is the last barrier benefit protection.But we should also note that the judicial intervention stock exchange management behavior also can give a securities exchange bring negative impact. Under the market economy condition, the stock market is an important part of market economy, the securities market in relation to the prosperity and stability of the prosperity and stability of market economy. It is based on the stock market, the most important status in securities laws and regulations formulated lawmakers and related system process, from on macroscopic for sure. The securities market in lawmakers opinion, not pure freely traded private activity places, but related to the development of the market economy important fields. Therefore, nations have paid special attention to the stability and development of the securities market. In the securities market of each subject, the stock exchange is the special one. A stock exchange is securities field in maintaining self-regulatory organization, its stability and orderly development of the securities market plays a very important role. Therefore, securities supervision and management committee gave stock exchange more and more self-discipline management functions and powers in the securities market, play a greater role. However, the judicial intervention stock exchange management behavior hit the stock exchange in the management of self-discipline, so that in the self-discipline enthusiasm management process, thus hand feared terrible foot severely constrains its securities market directly control device function display.America's securities market is the most perfect in the world, it's the system for our country securities development has a very important significance. The United States established internal relief exhausted principle, civil liability immunity principle and pattern strict limits of civil litigation principle, established the judicial limited intervention stock exchange management patterns of behavior and balance the stock exchange and securities, for our country the interests of investors correctly handle both disputes significance.Based on the theoretical guidance of marxist jurisprudence using legal way of thinking, with China's basic national conditions and the domestic legislative situation, from judicial intervention stock exchange management behavior of the necessity, intervention theoretical basis and system construction of research.In the necessity of judicial intervention, this paper discussed from the modern idea of rule of law, human rights concept, socialist state properties judicial intervention, this paper discusses the necessity of the securities exchange management behavior, and discusses the administrative stock exchange development mode led to the securities investor interests impaired, more serious is caused the securities market rigidity. The second section discusses mainly the judicial intervention stock exchange management behavior of legal basis, including internal relief exhausted principle, civil liability immunity principle and model principle of civil litigation theory, strict limits for judicial limited intervention stock exchange management behavior provides the theoretical support. The third part in comprehensive consideration of the judiciary in stock exchange management behavior of legal principles and on the basis of reality may define the judicial intervention stock exchange management behavior of border. The fourth part mainly in combination with the actual situation of development of securities market, and adopt the American judicial intervention stock exchange management behavior, puts forward the mechanism of Chinese characteristic judicial intervention by the securities exchange management behavior of the system construction.