The Study On The Eligibility Of The Plaintiff Of Securities Public Interest Litigation

The eligibility of the plaintiff of public interests litigation of securities issue is not only a topic of procedure law, but also the substantive topic in the field of securities law, because the task to determine the eligibility of the plaintiff of public interests litigation of securities legislation should be completed by the securities law,and cannot be submitted to the civil procedure law. Securities public interests litigation in the current theoretical research is not to carry on the strict definition,connotation and extension are not clear, and its relationship with the securities group action, investors demonstration lawsuit has not been accurately clarify. Securities public interests litigation in a strict sense only includes securities group litigation, the securities group action lawsuits demonstration mode, investors mode can not be treated as public interests litigation of securities, both should be tied with the securities public interest litigation for litigation mode. In view of the whole system status and the existing investor protection organization, design securities public interest litigation system in China should draw lessons from Taiwan securities group action set. Practice for many years in Taiwan securities group lawsuit system more perfect, it will be in the form of law established for securities investors protection center of public interest litigation filed subject practice and the current status of investor protection organization and the system in our country is more conform to, its on rights awarded against the plaintiff, the guarantee of civil lawsuit against the eligibility of the plaintiff, the children the rules of the plaintiff’s litigation rights as reference. Current into the vision of our country securities litigation the eligibility of the plaintiff main organs and specialized organizations of procuratorial organs, the securities regulatory organs, social organizations, but judging from the current investor protection organization in China, determine the securities public interest litigation the eligibility of the plaintiff’s train of thought, should be in the provisions of China securities investor protection funds, securities company as a limited liability company of the eligibility of the plaintiff of public interest litigation at the same time,the related investor protection group established clearly in the future may become the eligibility of the plaintiff’s qualification and approval conditions. Finally, to put into practice, our country should modify the securities law as soon as possible, in which increase the provisions of the securities public interest litigation by special groups,introduction of form a complete set of administrative rules, regulations, judicialinterpretation clear some conditions about the organization must be filed, the public interest litigation of the provisions of the regulations, securities and other safeguards for ensuring adequate funding for public interest litigation the plaintiff.