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The Way To Improve The Mediation System Of Chinese Securities Disputes

Posted on:2017-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:M R ZhangFull Text:PDF
GTID:2296330503959140Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the Chinese capital market, the range and variety of securities have been amplified and enriched. All kinds of financial innovations happened in Chinese capital market, which may also contribute to negative effects that the number of the security disputes is increasing. Since the characteristic of the security disputes is quite different from the characteristic of the other disputes, their methods of solving the disputes are also not the same. Mediation, which has been accepted widely, is one of most traditional disputes settlement methods in all kinds of methods to solve the dispute in china. The mediation system of security disputes is one of most important part of alternative dispute resolution, and is playing more and more significant role in solving the dispute in the field of security dispute. It has been 11 years since the China Security Act was revised in 2005, some great changes are necessary, the author also believe it is also a perfect chance to improve the Mediation System in the security dispute.The thesis will explain the meaning of security dispute and mediation, analyze the related theories, discus the imperfection of the mediation system of Chinese security dispute. And then introduce the systems and detail methods from other countries and regions. Finally, after finishing the above steps, some suggestions will be given. More details as followed:In the preface, the background and intent of research can be found, and the main content and construction of the thesis also be confirmed. In the first part, the thesis illustrates the meaning of security dispute, compares and classifies the different style of mediation, and analyzes the mediation system of security disputes. In the second part, the thesis focus on the sight of the sociology of law, the economics of law and the jurisprudence nomology, in order to find the theoretical foundation to reform the law and old mediation system of security disputes. In the third part, the thesis back to the experiences in reality, in the matter of both macroscopic and microcosmic, and analyzes the imperfection of mediation system of security disputes in china, which should be specific and all-sided. In the forth part, the thesis pays more attentions on the related experiences from other countries or regions, especially those can be used directly or indirectly in reforming the law and system in China. In the fifth part, after the existing theoretical and practical matters have been discussed, more innovations can be seem here, this part gives some suggestions on the perfection of the mediation system of the security disputes, that maybe have some positive effects on the development of the security market in China. The last part is conclusion, which is also regarded as the restatement of the main ideas of the thesis.The author used the method of comparative study, the method of induction, the method of paper and case studying to do the research and finish the thesis. During the process of writing, the most important research method is learning the mediation system from other countries. All in all, the research can help to improve the ability of China to solve the security disputes and maintain the well-aligned system, then the benefits of respective parties in the market can be protected. Finally, Chinese capital market may keep both stabilized and improved.
Keywords/Search Tags:ADR, security disputes, mediation of security disputes, insufficient, comparative study
PDF Full Text Request
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