Theory Of Civil Litigation On Several Issues Of Securities Fraud

Securities fraud seriously restricts the healthy development of securities market in our country, this article discuss securities fraud civil litigation mechanism as the core, combined with the development of the securities market experience, referring to the system design of securities market in developed countries, around the present our country securities fraud, the essay discusses several key problems of civil litigation. Combined with previous experience, case analysis, to find out and solve problems, improve the system, so as to guarantee the healthy development of securities market.As the company law and the securities law of the people unceasing change, perfect the system of civil liability of securities fraud in China. However, in the proceedings, and securities fraud in our country civil action mechanism lag, which hindered the small and medium-sized investors to protect their legitimate rights. Full text will be from securities fraud four key problems in the civil action mechanism was discussed. First, securities fraud case scope of the civil lawsuit received a great deal of limits, according to the judicial interpretation issued by the Supreme Court, only qualified securities market caused by false statement civil compensation cases can be accepted, this greatly limits the investors maintain their own rights, and securities fraud is not limited to false statement. Second, the administrative prepositional procedure is like a piece of "stone", hindered the realization of many investors litigation right. To improve the system of securities fraud civil litigation, administrative prepositional procedure has to be banned. In addition, the burden of proof is a difficult problem in the process of securities fraud civil litigation case. Clearly define the problem of distribution of evidential burden of the case, be helpful for small and medium-sized investors to maintain their own rights. Finally, the author will focus on securities fraud and discussing the problem of lawsuit in civil litigation. Representative lawsuit system in our country is still exist many drawbacks, Suggestions with reference to the experience of developed countries in the securities market, the group lawsuit system and the linkage between the shareholder representative litigation mechanism, to establish the securities group litigation rules, regulate the securities market.