On The Securities Fraud Arbitration Of The Dispute Settlement Mechanism

With economic development, the word "securities" for the people is no longer a strangeword. China’s securities market has experienced several decades of development, to theflourishing stage of vigorous development, but the glossy surface results behind us shouldalso be noted that many problems exist in the stock market, particularly in securities fraud,which involves a surface wide effect on the number of large amount of money involved in thedisputes staggering.This paper attempts to inspection of the mechanism of securities fraud disputes andsecurities fraud disputes arbitration to resolve the problems and their causes, and foreignespecially in the United States, securities fraud disputes to arbitration in order to improve thesystem of China’s securities fraud dispute arbitration.The text is divided into four parts, from addition to the introduction, I twenty-fivethousand words.The first part of " securities fraud dispute arbitration mechanism Overview", the mainsecurities fraud disputes the concept, scope and characteristics of the comb, and highlights thedifferent securities fraud disputes and general civil disputes on a securities fraud disputearbitration mechanism concept and its litigation and securities fraud dispute settlementmechanism of comparative advantage.The second part of "China’s securities fraud dispute arbitration to resolve problems andtheir causes in the mechanism analysis, elaborated from the substantive and proceduralaspects of securities fraud disputes arbitration to solve three major problems that exist in themechanism, and why strive to clear our securities fraud dispute arbitration mechanism of thestatus quo.Third part of the "extra-territorial securities fraud arbitration of disputes investigated-U.S. securities fraud arbitration of disputes, its focus is to examine the historical evolution ofU.S. securities fraud arbitration of disputes, institutional setup, the system of norms, as wellas a series of a number of noteworthy issues, and strive to be able to clearly show the trueface of the U.S. securities fraud arbitration of disputes, and lay a solid foundation for the nextto improve the securities fraud arbitration of disputes.Part IV,"the relevant recommendations to improve the securities fraud dispute arbitration system, the focus of this paper and previously on the development of China’s securities fraudarbitration of disputes the reasons for the slow, thinking the feasibility of securities frauddispute arbitration system in China contrast to the previous chapter, securities fraudarbitration, and then put forward the following to improve the recommendations: expand thescope of the arbitration agreement, the introduction of a compulsory arbitration system;improve the consolidated arbitration mechanism to explore group arbitration; improve thearbitration body set to facilitate the parties to choose arbitration; set of simple arbitrationproceedings; improve the burden of proof specifications; set reasonable limitation system;require evade strict arbitrators and disclosure system; to strengthen the supervision andsupport of securities fraud arbitration of disputes; the introduction of a punitive damagesaward in a timely manner; the establishment of appropriate implementation of the safeguards.The article endeavors to uphold the "inspection-for reference-digest" the purpose of anendeavor to rationalize the recommendations, but due to lack of practice as well as theincompleteness of the data, it is inevitable some argumentation and recommendations isone-sided and extreme, but also to please the teachers and students to be advice.