Securities Disputes, Alternative Analysis Of Solution

The securities industry has assumed greater importance and attracted widerattention. However , the sustainable development of that industry has met certainworrying problems, of which the lack of an efficient and low-cost dispute resolutionmechanism is a great impediment. Hereby, this paper, on a multiple basis and fromdifferent angles, aims to draw relevant experience from other country or area in orderto discuss how to erect and improve on the Securities Alternative Dispute Resolutionmechanism in China.This paper is composed of four chapters. The first chapter tries to describe themerits of Securities Dispute in China ,pointing out that the require of an efficientflexibility and low-cost dispute resolution mechanism. And in this section also generaldescribes the classification and theoretical basis of Securities Alternative DisputeResolution mechanism.The second chapter briefly describes the operation of Securities AlternativeDispute Resolution mechanism in other country and area. This chapter is divided intothree sections, U.S. is the origin of security arbitration, and leads the world both inlegislation and practice, its experiences deserve us to take and study as reference. Sothe first section analysis of history development of United State's arbitration ofsecurity disputes, institution hierarchy, system of arbitration rules and regulations,arbitration procedures as well as the characteristics of arbitration system. The secondsection of this chapter focused on the mediation mechanism of Taiwan area;The thirdsection concludes the Securities Alternative Dispute Resolution mechanism in othercountry and area as a whole, and set it as a yardstick to analyze our SecurityArbitration System.The third chapter analyzes the mechanism of Securities Dispute Resolution inour country from both historical and current angles, and discussing the feasibility ofthe operation of Securities Alternative Dispute Resolution mechanism. Throughanalyzes of the mechanism, summarized the main problems of our mechanism ofSecurities Dispute Resolution. And through the description of the merits and essentialof the operation of ADR in Securities Dispute Resolution,analyzes the necessary andimportant to erect the ADR mechanism in the securities market.The last chapter mainly puts forward certain proposal as to how to erect andimprove on the securities arbitration mechanism in China on a macro basis. Thissection put forward proposals on the operation of arbitration and mediationmechanism in Securities Dispute Resolution. And suggests that according to thepractical need of the securities market, redefinition of the securities supervisionsystem is necessary to harmonized the foundation legal relationship of SecuritiesDispute Resolution, and promote the securities market healthy development.