Securities Civil Dispute Settlement Mechanism

At the beginning of the century, the existence of illegal dealings such as security defraud, misstatement, insider trading, and market manipulation count much for the decline. It is harmful to not only the order of the stock market but also medium and small institutional investors'interests. Therefore, feasible compensation lawsuit mechanism must be built to protect the investors'interests and retrieve their confidence towards the whole market, aiming to drive the Chinese Stock Market forward healthily. Based on a brief introduction of the certainty of the cases, this thesis is to further discuss the necessity of establishing compensation lawsuit mechanism and of importing American mode of class action. However, absence of effective lawsuit mechanism in Chinese law system is notable. To stabilize the market order and protect investors'rights, we still have a lot to do. Class action is apparently superior when it comes to a petty lawsuit. Western countries have abundant experience in its application. Regarding to many security defrauds in China, both theorists and practitioners pay much attention on settling the compensation problem by using class action. This thesis suggests building group lawsuit mode for security defrauds compensation in China by adopting the experience from other countries. Emphasis is laid on American group lawsuit system as the system there is comparatively mature. In addition, British group lawsuit procedure and Australian borrowing of class action system from America are also briefly introduced. This thesis mainly falls into three parts: theoretical concept, legitimate and judicature, and risk prevention.