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The Reference Of Us Securities Class Action System For China

Posted on:2015-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z M ZhangFull Text:PDF
GTID:2296330428461840Subject:Litigation
Abstract/Summary:PDF Full Text Request
With the development of China’s securities market, the main market players increase rapidly. Because the size of the market is also growing, the subsequent disputes of infringement emerge endlessly. Nowadays the securities lawsuit system is not mature. Lots of medium and small investors are unable to contend with powerful listed companies. Their legitimate right and economic interests severely affected. So it is an urgent mission, which cannot be ignored in the judicial system, to reform the existing securities infringement lawsuit pattern and maintain the interests of medium and small investors.By introducing an American typical case, the writer wants to introduce the characteristics and advantages of American securities class action. After analyzing the difference between China and US securities lawsuit system, the writer will’conclude the insufficiency of China’s representative action and give the feasibility and necessity why we should refer to US securities class action. In order to improve our securities lawsuit system, we should establish the securities class action.This thesis is divided into four parts. In the first chapter, the writer gives the reason that why securities class action began and developed in the US. The four aspects are political system, economic system, legal culture and legal profession. Through introduce IN RE SADIA case, the writer shows the specific content and advantages of US securities class action.In the second chapter, the writer makes comparison to introduce the difference between US securities class action and China’s representative action in detail. It is clear to see that US securities class action is detailed and full of strong maneuverability. However, there is no real securities class action in our country. The only similar system is representative action, which is simple and humble, and lack of enforceability.In the third chapter, the writer analyzes the deficiency of our current securities lawsuit system from five aspects. These aspects become the restriction to establish securities class action. Meanwhile, we should realize that we have the feasibility and necessity to refer to US securities class action.Finally, in the fourth chapter, the writer gives suggestions to establish our own securities class action. When we reform the lawsuit system, we should consider the national conditions and other situations. If we bring in US securities class action completely, it must not be suitable for us. So if we want to establish the suitable lawsuit system, we should also consider the political and economic conditions, and the characteristics of our judicial system.
Keywords/Search Tags:securities tort action, securities class action, representative action
PDF Full Text Request
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