Research Of Several Problems Of Judicial Intervention Of Stock Exchange Self-regulation

China’s stock market started late. Securities laws and regulations protecting the interests of investors are not perfect, and this will inevitably lead to the securities Investor seeking relief through a variety of ways, of which judicial relief is the most effective way. Stock judicial intervention in the process of self-regulation is performing self-regulatory functions in the stock exchange, when the interests of investors are damaged by such self-regulatory behavior, and investors could adopt this way of judicial remedies for the maintenance of their legal rights. Such judicial intervention on the stock performance has both benefits and negative effects while performing self-regulatory responsibilities.The first chapter is the introduction, the second chapter is "securities exchange self-discipline supervision power source" is divided into two sections, and mainly from the legislative authorization, the administrative licensing and contract terms of self-regulation of the source of power division, and then on China’s stock exchange regulatory powers and rights attribute of. The third chapter makes a brief overview of the concept of judicial intervention, and the judicial intervention into refused to intervene, cautious intervention and positive intervention, and to our country judicial intervention stock exchange self-regulation of the historical evolution of our country are summarized, after originally of self-regulation of stock exchange procedure to adopt policy to change shall not accept the relevant departments established later trial to trial. This paper will exchange self-regulation behavior into two categories, the first category for the creation of the business rules of the abstract behavior, this paper argues that the behavior of the power comes from the public power, should be by means of administrative lawsuit remedy; second is the exchange of specific transactions self-discipline, this kind of supervision behavior according to the content object and behavior the different judicial intervention in different ways, the nature of behavior on the qualification of behavior, discipline and supervision are analyzed, and discussed for each behavior should be applicable to judicial intervention. Finally, this paper will be a separate chapter investor litigation, litigation contract because investors by restricting the relative, the right remedy is special, this article from the contract law and tort perspective, through the analysis of this paper hopes to make judicial intervention model and grasp a more accurate positioning.