Study Of Securities Class Actions, The Legal System

American Class Action, which makes a large number of separate trials's claims come true, attracts many attention in different countries. China currently does not allow class action taken in the form of civil securities compensation, but the class action has its unique value and advantages. With the rapid development of capital markets in China but frequency of the legitimate interests of small and medium investors infringement, this article will discuss the class action in the Securities Compensation whether it can be transplanted to the field of national security civil liability to conducive to our way of civil action for damages on the securities adjustment and breakthroughs.This article is divided into six parts. Chapter One summarize Chinese capital market development and the rights of small investors infringement. Although China's stock market in Asia and even all around the world is most influential financial securities market. because of the absence of civil liability regime, China's capital market securities infringement cases frequently occur, leading to seriously infringing the legitimate interests of middle and small shareholders.Chapter two focuses on China's current pattern of defects and Securities Civil Suit procedures of the state. At present, the form of securities litigation can only take a separate action, the average number of common action or the representative action. The three forms of action have some shortcomings, which can not meet the needs of our existing securities litigation. As a transitional measure, pre-litigation procedure set has great disadvantages.The third chapter analyzes the controversy of the class action in China. our judiciary and the university scholars believe that China should rule out the rationale for securities class actions and author disputes their reasons for a brief overview of the Analysis.Chapter four introduces the Securities tort of "small majority" characteristics and securities class actions to solve the dispute settlement mechanism of the securities of group specific features and functions.The fifth chapter discusses the securities class actions deeply troubled by the law in theory and in practice, although it has to be continuously improved after the reform.Chapter six discusses the introduction of China's securities class action steps. first of all, we can enable a representative litigation, drawing on their class action to reform from the United States; secondly, when the time is ripe to introduce a comprehensive U. S. securities class actions, and makes it adapt to chinese characteristic.