The Analysis Of Securities Disputes Multivariate Settlement Mechanism

Securities disputes as a commercial dispute, with the general characteristics of civil and commercial disputes, and securities disputes has its own particularity, such as the parties is numerous and the object is large; Case influences scope widely; The case is complex and professional. Therefore, In order to ensure the securities disputes timely, efficient solution, we need to seek a perfect way to settle disputes.Our country's existing securities disputes solution is more one fold, the securities disputes is solved mainly through litigation way, but litigation procedure rules is not favorable to protect small investors, and other effective resolutions to settle disputes don't plays full role, such as the arbitration to settle disputes is in marginal status, mediation to resolve the disputes is in deficiency. To compensate for the defects in proceedings and judicial limitations, fully respect for the free options of securities investors'resolution to settle disputes, and realizing the purpose of efficiency, we must improve the objective way to settle disputes multiple securities, especially we should fully exert the role of mediation and arbitration to realize the combination of complementary functions of the dispute settlement pattern.The article compares comparatively advanced countries' experiences to settle disputes, based on the empirical analysis of Chinese securities cases, (like the United States adopt group litigant means to resolve the problem of large number of securities disputes, through vigorously develop securities arbitration to solve the problem of highly professional securities disputes; and Taiwan is adopting protection agencies to represent investors litigation to resolve the deficiency in traditional lawsuit manner, giving the mediation status through the legal way.), The writer makes suggestions to improve our securities disputes resolution: such as, In litigation, we should change the current deficiencies of procedure, especially introduce the way of Taiwan about protection agencies representative lawsuit; In arbitration, we should make full use of existing resources, vigorously guide the investors to solve securities disputes through arbitration; In mediation, we should make full use of its advantages, through improving the mediation subject and giving the effectiveness of mediation agreement. This article attempts to build the multiple dispute resolutions to protect investors and achieve the stability of securities market.