The Study On The Alternative Dispute Resolution Mechanism Of Securities Dispute

In the 1990s, Shanghai Stock Exchange and Shenzhen Stock Exchange have been established successively. Since then, our securities market has developed rapidly, which promotes our national economy. However, because of the late development of our securities market and the incomplete securities system, all kinds of securities disputes have occurred frequently.Furthermore, not only the legal rights of investors but also the development of our securities market has been affected for the lack of the resolution mechanism of disputes on securities. Therefore, it is critical to improve the securities dispute resolution system to ensure the securities market develops healthily and well-ordered.Based on our country's circumstances, this article discusses how to establish the alternative dispute resolution system mainly focusing on mediation and arbitration, compared with the experiences of the countries or areas like US and Taiwan.There are five chapters in this thesis. Chapter one introduces the alternative dispute resolution mechanism, especially in its history, definition, and characters, and minor in other typical resolution, such as mediation and arbitration. Chapter two focuses on the characters of securities dispute. On the basis hereof, the advantages and value of alternative dispute resolution mechanism on securities disputes are illustrated, which ensure the necessity and feasibility of such a system.In chapter three, the alternative dispute resolution mechanisms on securities disputes in US, Taiwan are introduced and analyzed. Owing to the successful legislation and practice of US's securities arbitration, which influences the one in other countries, this article expounds the characters of its securities arbitration after making a brief introduction on it. Taiwan has regulated such a resolution mechanism by Securities Investors and Futures Traders Protection Law, thereafter the second section of this chapter concentrates on the process and characters of Taiwan's securities dispute mediation.The fourth chapter expatiates on the actualities and problems of our securities dispute resolution mechanism, analyzes their reason deeply, and points out the reason why the alternative dispute resolution mechanism of securities disputes is underdeveloped.In the fifth chapter, from the aspects of conception, legislation, execution, and supervision, several suggestions are provided herein to establish and improve our alternative dispute resolution mechanism for securities disputes. In the end, only under the efforts of all parties could the target of improving such a system be realized.