Protection For Securities Investor On Bankruptcy Proceeding

The Securities business start relatively later, rapid development in China, but the related various laws and regulations are incomplete, so the regulatory mechanisms can not really play a role in real business. The crisis would outbreak for securities firms because the contradictions are accumulated during long-term business. In the course of disposing of the securities company's risk, our country is taken to combined dispose of the executive-lead with judicial bankruptcy. The process is forwarding without any experience for bankrupt of securities firms.The People's republic of China of bankruptcy Law are implemented June 1, 2007(hereinafter referred to as the new "Bankruptcy Law"), the new "Bankruptcy law" are made clear on bankrupt of securities firms and other financial institutions, But it is too general. And The "Regulations for the Implementation of bankruptcy of financial institutions" and "Investor Protection Ordinance," has not yet been issued which is very important. The absence of the legal system, there are a large number of events against the interests of investors during securities companies insolvency process.The investor is principal part for securities firms, which are indispensable for the securities market and an important component of the securities market for fast-growing power source. Therefore, It is urgent need to complete the mission of the securities industry that build a set of investor protection mechanism. It is also reflects the legal community-based functions.The investor protection system is flawed and the theoretical mechanisms are weak during process on China's securities firms' bankruptcy.Hence, we do roots to our situation, and accelerate the formulation of relevant laws and regulations, and learn and refer to the foreign mature mechanism on securities so as to protect investor's interest. This text do analysis the current situation on investor protection of China's securities company's during bankruptcy proceedings, and give my recommendation on perfect China's investor protection mechanism after learning the advanced theories and mechanisms.There are four chapters except introduction and conclusion. The Chapter one mainly expounded the related theory of bankruptcy process, which mainly analysis the character of securities firm, and key analysis the right of investor in process.The Chapter two mainly introduce the related regulation and law on protects the investor's interest from oversea country that has mature experience, so as to get more experience. I do refer to U.S.A, EU, and Japanese experience.The Chapter three mainly focuses on the current situation of protecting the investor, and key introduce the shortcoming, such as the legal system in place, claims Standards is not clear, the acquisition policy is reasonable, the Securities Class transfer of assets and drawbacks of keeping the role of investor protection agency is difficult to play so well.The Chapter four mainly gives several suggestions on how to deal with the problem of protecting the right of China securities investor after hereinbefore three chapters.Give some advice on bankruptcy proceedings against securities firms so as to improve investor protection from the legal system. Mainly include a clear legal status of securities investors, the insolvency estate to maximize, etc.