The Illegal Operation Of Securities The Right To Appeal The Protection Of Victims

Securities market in the development process because of securities violations, the legal dispute was triggered by rising trend. Securities violations, damage to the stock market on the one hand the good order, contrary to a fair, just and open market principles and, more directly harm the economic interests of investors in general. However, our civil law and relevant judicial interpretation did not build into a complete set of operational actions against securities violations arising from the civil litigation system. The author notes that this issue is to safeguard the legitimate rights and interests of the parties as the basic purpose,From the protection of civilian victims of illegal operations, the securities the right to appeal the beginning, thinking about how to solve this type of case in dealing with the difficulties encountered. Full-text of about a total of 32000 words, in addition to the introduction and conclusion, the body divided into three parts.The first most of the status quo of China's securities market irregularities and securities violations by the need to protect the victims of the right to appeal. First, define the basic concepts, and then focus on the performance of illegal operations, the form of securities, analysis of its damage to the securities market and damage the interests of investors two aspects. Have finally settled on the right of appeal to the Securities and illegal operations, the need to protect the victims of the question above, from the right of appeal of the concept and historical development trajectory began to demonstrate the need to protect the general right of appeal and ultimately come to the victims of securities violations by the need to protect the right to appeal the conclusions .For the country's second most of the current status of legislation and with legislation in other countries or regions were compared. First examine the status of China's legislature, the court accepted a false statement cases of legislative progress, is part of the securities acts to illegal operations, the scope of civil law system of innovation. However, only rely on Supreme People's Court promulgated the "Supreme People's Court on hearing the securities market because of false statements caused a number of provisions of civil compensation cases," is not a satisfactory solution to the securities market irregularities caused by the problem, this "rule" itself,there exists a number of issues,Second, "provides that" defects in itself has affected their role play. Having studied the status quo of China's legislature, the re-start China's legislation and legislation in other countries or regions were compared. The first is the U.S. federal securities laws, the right to appeal under the theory and the theory of comparative study of China's right to appeal, in an implied private right of action to explore the theoretical origins theory, after an analysis of its reference value for our country. Secondly, launched China's Taiwan region "Securities and Futures Litigation play system" comparative study of related systems with the mainland, to discuss whether it can be introduced into mainland China learn from the system. The third part is our legislation and otherNational or regional legislation in contrast to findings from a theoretical basis for the right to appeal point of view, the United States implied private right of action theory is worthy of our reference to learn the theory, while the Taiwan region of China set the "protection agencies" approach is also the Chinese mainland, we can draw lessons .Third majority of the victims of illegal operations, improve the appeal of China's securities protection systems thinking. Proposed to expand the scope of the admissibility of court case so as to improve the system of legal norms and legal rights to real life, the ultimate realization of procedural law and substantive law, the concept of integration. Meet the needs of practice exercises in building methods of operation, first of all summed up in the securities caused by illegal operations, the characteristics of civil cases, and then put forward the plaintiff's right to choose to exercise, the plaintiff confirmed registration, strengthen the obligation of the court notice, prevention of speculative litigation, the case the jurisdiction of the courts to give full play the functions of six aspects of the mediation thinking.Also in improving the pre-procedure, evidence collection and identification of causal relationship between aspects of the issue raised a number of columns. Finally, sound thinking part of the implementation of the program, analysis of the implementation of the listed company's assets on the implementation of the stock, the implementation of the bond, the court on the implementation of the transfer of funds and materials, implementation of the resolution of the conflict and so on five aspects.