Research On Arbitration System Regarding False Statements Disputes In The Securities Market

The rapid development of China’s securities market play a positive role in promoting the development of national economy, but China’s securities market, compared with developed securities market, it’s foundation is still unstable, and the main reason is the standardization degree is not enough, the market’s legal environment is not perfected, the foundational systems of the securities market is not stable. Securities infringement cases occurred several times in recent years is the best proof.2003the Supreme People’s Court promulgated the relevant judicial interpretation, the false statement infringement cases have a science and detailed solution, however, its effectiveness is concerned. So people pay more and more attention to development and promote some diversity of dispute solution mechanism, but another way need to find an entry point. Due to a series of disputes with the special nature of the false statements, based on the basic principle of good faith in the tort liability and the most basic information disclosure system in the securities markets, the establishment of an arbitration system must dispute resolution in depth from shallow to deep, can be both in line with the facts and unworkable.This paper will be divided into four chapters. First chapter begins from the original concept of information disclosure system to the definition and characteristics of the behavior of the false statements by the listed company. To define false statements and its constituent elements, at the same time points out the difference that the false statement behavior and other differences in the behavior of securities fraud. Through the typical case of the listed company false statements disputes, pointed out that such dispute has the characteristics of a series of different from general securities disputes, respectively is involved the property interests of the major, with strong professional, often have group, disputes facts dispute and solving process is complicated.Second chapter tells about settlement mechanism, mainly including litigation and arbitration and comparative analysis, and put on a settlement mechanism of the current situation and problems, as a traditional lawsuit pattern unprepared, new disputes, it is difficult to completely accepted, arbitration mechanism has not yet been attention, become a complementary and actions of the dispute settlement mechanism.Third chapter of this kind of dispute arbitration system of the concept, characteristics and advantages, and discusses the feasibility and the necessity to establish the system of arbitration system, lead to such disputes arbitration system established by the particularity of. further establish and perfect the concept of this kind of dispute arbitration system and practical, significance.The fourth chapter basically is to thinking and the suggestion of perfect our country false statement disputes arbitration system, for reference of securities arbitration system developed the advanced experience of the United States, from the institutional construction of macroscopic and microscopic two aspects are formulated in accordance with the arbitration rules were trying to put forward based on the background of China’s securities market maneuverability stronger false statements arbitration system.