The Comparative Research On The Mode Of The Securities Civil Litigation In China And America

The appropriate and convenient way of the securities civil litigation can not only compensate the investors for their losses but also reestablish their confidence in the securities market. Thus it can promote the healthy and prosperous development of the securities market in our country. This paper aims to find out the suitable plan for the national situational of our country to improve the way of the securities civil litigation by comparing the way of the securities civil litigation in China with that in America.The first chapter of this paper focuses on the problems faced with the securities civil litigation. First, this chapter explains four special features with the consequences of tort caused by the securities civil disputes—the victims spread in different places in a huge number; the total loss caused by the illegal securities practices is heavy; the individual investor loses a relatively small sum of money; the victims and trespassers are in a disproportionate relationship in terms of power.Second, it analyses the disadvantages of the traditional mode of individual action in solving the securities civil disputes and points out that each country should adopt the mode of class action to solve the securities civil disputes in view of the superiority of the class action system to the mode of individual action in terms of the litigation economy and the justice of sentence. Finally, it also discusses the general problems occurring when the securities civil litigation adopts the class action system in order to investigate the actual effects two different modes of litigation (Chinese and...