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The Study Of Group Suits On Securities Infringements’ System

Posted on:2016-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2336330461473776Subject:(degree of civil and commercial law)
Abstract/Summary:PDF Full Text Request
China’s stock market since its inception, after 20 years of exploration and development, has gradually scale, and made remarkable achievements. However, due to China’s securities market compared to other developed countries and regions, produced late, and still belong to the early stages of development in emerging markets, a large number of securities violations filled with the stock market, securities infringement group disputes incident after another, this aroused great concern Securities Litigation mechanism infringement groups. Coupled with the global economic center of China’s strategy is to build, improve and reasonable regulatory system is an important guarantee of securities to achieve this strategic expectations. Although Tort Litigation Securities to resolve securities disputes provides a reasonable idea, but because of legislative experience shallow, practice running time is short, failed to effectively protect the legitimate rights and interests of small investors, as well as the existing securities law Tort litigation system in the course of practice exposed many problems. Therefore, improving the Securities Litigation Tort our imperative.How to improve the existing securities Tort litigation system, in theory and practice community has not reached a consensus, some scholars advocate the introduction of direct similarity Securities Litigation Tort, some scholars believe that should be combined with China’s specific national conditions to the existing legal framework for modified on the basis of Tort Litigation Securities. In view of this, I propose to the Securities Litigation Tort improve our vision, first of all, the concept and characteristics of the securities described Tort litigation system, analyze its function and meaning, as well as the historical evolution of the necessity and building systems; secondly, to explore our country Situation Securities Tort litigation system, through legislation, enforcement and judicial Securities Tort this tripartite system face the problems described, to analyze the problems of the legislation; again, research and study outside the country and the region on this system requirements and make a brief introduction and assessment; and finally, the author Securities Tort litigation system for problems in our country, learn from the advanced experience of extraterritorial propose specific improvement recommendations. Which discussed not only from the perspective of specific issues, but also from the transformation of the concept, the establishment of supporting systems, and building a diversified settlement mechanisms are discussed.
Keywords/Search Tags:Securities Infringement, Group Litigation, Representative action
PDF Full Text Request
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