Establishment And Improvement Of Our Diverse Group Of Securities Fraud Disputes Settlement Mechanism

With the continuous deepening of reform and opening up the market's rapid economic development of society in an unprecedented period of transformation, social structure has changed dramatically, becoming increasingly apparent sharp conflict between the various interest groups, resulting in a large number of groups,disputes, and the size and form of expression continue to upgrade, the impact of economic development and social stability to a certain extent become the constraints of building a harmonious society. Groups of securities fraud disputes this year to highlight a group disputes in the development of market economy. It is accompanied by the rapid development of China's securities market by leaps and bounds from the view of China's securities market is still not standardized, the lack of effective supervision and management, and securities fraud on the one hand the endless stream of endangering the vital interests of small and medium-sized investment and, on the other hand disturbing the securities market good health and running. Therefore, the goal of sound and rapid development of market economy, fair and appropriate to address groups of securities fraud disputes, it is particularly important and criticalGroups of securities fraud because the characteristics of the group disputes and securities fraud in solution is different from the general group disputes, and also distinguishes to securities disputes in the usual sense. This paper first describes the analysis of the unique characteristics of a group of securities fraud disputes. Then details the solution and the effect of existing groups of securities disputes, to handle the litigation system of the mass of securities fraud dispute negotiate a settlement outside of the representative action system and litigation, mediation and arbitration of departure from China, are discussed in detail the way running on the legislative and judicial status. Next, from the second chapter described the analysis of representative litigation system, mediation and arbitration missing. Finally, the money chapters of exposition, its uniqueness starting from groups of securities disputes, combined with the reality of China's securities market needs to establish a diversified, including the litigation system and litigation settlement settlement mechanism of the way. Reform and improvement of the representative action system, the introduction of class actions, establish and perfect a more comprehensive, effective and convenient group of securities fraud dispute resolution and arbitration system. These solutions integrate into a wide range of mechanisms for the parties to select a group of securities fraud disputes, and thus to properly resolve disputes and protect the legitimate rights and interests of small investors, maintain orderly and stable development of the securities market of china.The article is mainly through a comparative study, inductive analysis method, the empirical analysis, literature research and case studies method are discussed. These methods to examine the legislation abroad to solve disputes in the group of securities fraud cases in the comparative jurisprudence, practice management and case studies summarized the results achieved and the problems in current practice, starting from these problems and deficiencies, to explore the perfect and groups to establish securities fraud dispute settlement mechanism.Through a comprehensive and systematic exposition, the authors put forward their own innovation in the following areas. First, in the field of a group of securities fraud for Small disputes, advocated in the securities of the Association to establish a small dispute resolution system to resolve. Second, to establish a group of securities fraud dispute arbitration mode, breaking the arbitrary nature of arbitration to solve the limitations of the field on groups of securities fraud disputes. By China Securities Regulatory Commission is responsible for the development of an arbitration clause, and requires that all securities institutions must be used in the service contract and the public investors. Standard arbitration terms of the contract should provide that in case of disputes, public investors have the right to arbitration as the preferred mode of dispute resolution.