On How To Judicially Remedy Investors Victimized By Securities Deception

The right remedy of victims, as to the case in which the jeopardized rights are infinitesimal and decentralized, is of vital importance. And group litigation, in my opinion, is a comparatively scientific means among all right remedy mechanisms. Nowadays, such a problem as right remedy is obsessing countries around the world, subject to few exceptions. Our system of group litigation, just as those of some other countries have done, should have been instilled with the rationale of right protection. this article take the dispute caused by the tort of securities deceptions and their resolution as examples, through analyzing the particular requirement of dispute resolution, to point out the insufficiency of the system of group litigation of securities to safeguard the investor, as well as through discussing the limitations of group litigation and scanning the relevant experience from overseas, to come up with proposals on how to consummate our group litigation. It is true that the disputes of which the rights and claims are small and scattered are characteristic of the dispute caused by the tort of securities deceptions, and that researches on how to judicially remedy victimized investors can provide a new way of thinking for the perfection of our representative litigation.Preface and postscript apart, this article fall into five parts, stated briefly as follows:Part one: elucidating four characteristics of dispute resulting from the tort of securities deceptions, namely diffuse, collective, low-value claiming and anxious for timely remedy. this part lays solid foundation for subsequent discoursing on problems concerning group litigation.Part two: deliberating on the requirement on the part of dispute caused by the tort of securities deceptions to group litigation as regards securities , extending the necessity of protecting the rights of investors, and pointing out its comparative advantages as well as its two due structures and four due values.Part four: probing into the limitations of group litigation concerning securities to resolve the dispute arising from civil tort of securities deceptions. This part sings a different tune ,which reminds us to think roundedly when developing our system.Part four: assessing the judicial policy of redressing the dispute of securities for the present, as well as explicating our unfavorable objective environment underpinning the operation of group litigation, Then by means of disclosing the underlying problems, laying bare the judicial incompetence to remedy rights as well as the impacts such an incompetence exerts on the securities market. This part serves as a point of departure for the optimization of our established system.Part five: expressing the author' attitudes towards and suggestions on how to construct a mechanism to remedy victimized investor by judicial means. this is the core part ,composed of three sub-parts: the first one involving a brief introduction of foreign relevant system, the second one concerning a comparative analysis of such foreign systems in the perspective of right protection, and the last one stressing the stand of view we should stick to and the function-orientation we should achieve, then in conclusion, mentioning four directions we should follow in the final analysis.