Judicial Power And Executive Power. Securities Regulatory Interaction With The Boundary

This thesis is to analyze the rationality of judicial rights' intervention into securities regulation and to make some suggestion on how to realize a good interaction between judicial rights and administrative rights in securities regulation after fixing their boundary.At present the research situation is as the followings:the majority of the books and articles just talk about securities regulation of the legally set authorities(viz.China Securities Regulation Commission CSRC);A few extend this definition by taking the regulation of other administrative authorities(ex.National Auditing Bureau),and self-regulation institute(Securities Association of China,i.e.SAC)in.But few analyze the rationality of judicial rights' intervention into securities regulation.。There are even less touching about how to appropriately define the extent and depth of judicial rights' intervention and how to realize the good interaction between judicial rights and administrative rights on the basis of judicial rights' intervention.This article develops the useful and discards the useless after analyzing the traditional definition of securities regulation.Then the securities regulation definition of this article is presented and its characteristics and functions are comprehensively analyzed.The necessities of judicial rights' intervention are deeply construed.Still then,material analysis of interaction and boundary of judicial rights and administrative rights is carried out on the basis of comparison of different countries and review of our country's current situation.Finally some suggestions are made to promote good interaction of judicial rights and administrative rights in securities regulation.Historic and comparative,theoretical and realistic methods are adopted in the writing.My six years' judicial working experience is also embodied in it.The article is divided into three parts:preface,straight matter and conclusion.The straight matter is made up of four chapters:intervention of judicial rights into securities regulation;interaction of judicial rights and administrative rights in securities regulation;the boundary of judicial rights into securities regulation;the consummation of interaction between judicial rights and administrative rights.Chapter one is about intervention of judicial rights into securities regulation,which is made up of three sections.Securities regulation is defined in section one.Section two is on the necessities of judicial rights into securities regulation.Intervention of judicial rights in three different securities regulation systems are analyzed in section three.Chapter two is divided into three sections.The first section is about the importance of judicial rights' the intervention into securities regulation.The practice of our country's judicial rights' intervention is introduced in section two. Specific problems of judicial rights' intervention of our country are analyzed in the third section.Chapter three consists of two sections.The first section is about the extent and depth of judicial rights' intervention. The second section talks about the restriction of judicial rights' intervention. There are four sections in chapter four.The first one is about the consummation of relevant laws,regulations and rules.The second is on how to perfect our arbitration system.The third one talks about how to promote the communication of coordination of judicial rights and administrative rights.The last one is about the necessities to renew the regulation concept and consummate our judicial regime.