Research On Securities Support Litigation System

In recent years,with the development of the securities market,the securities civil tort cases are occurring frequently,which is especially serious in the case of fraudulent securities such as misrepresentation.According to the civil tort of securities,the legal system of safeguarding the civil liability of China is imperfect,in addition,the small investor's awareness of rights protection is not strong,the time cost of rights and money is higher,and because small and medium-sized investors themselves lack of professional knowledge,in the process of safeguarding the investigation and forensics work difficult to carry out,small and medium-sized investor rights of the difficulty coefficient.In the securities market,small and medium investors as the core impetus for the sustainable development of the securities market,their legitimate rights and interests will seriously affect the stability of the securities market,and may affect the orderly development of our market economy.Therefore,the construction of securities supporting litigation system should play an active role in the protection of minority investors' rights and interests.Establishing and perfecting the specific judicial application of the supporting litigation system in the case of securities litigation can make up for the lack of knowledge and the short board of the competent litigant in the disadvantaged position,and strive to balance the allocation of litigation resources between the parties in the case.By the "Civil procedural law of the People's Republic of China"(hereinafter referred to as "Civil Procedure Law"),the 15 th stipulation that our organs,social groups,institutions,enterprises to damage the national,collective and individual civil rights and interests,can give injured units or individuals to the people's Court to provide support.n May 2017,all the major legal media in China reported the first trial of securities support lawsuit in the judicial practice with eye-catching title.This stipulation and practical cases are the direct legal basis to support the research of litigation system,and is also the basis of the in-depth study.The author thinks that the securities litigation support concept refers to the lawful party support the aggrieved proper party appeals to the people's court under the law,which pursue the purpose of protect the legitimate rights and interests of mid-small investors in the securities market and guided by the thought of social interventionism.In a case or in a particular case,the fact that the sponsor of the lawsuit,the plaintiff,is the value of the in-depth study of the judicial application of the supporting litigation system in a particular field.This paper is based on safeguarding the legitimate rights and interests of small investors.According to the relevant stipulations in the legal system of civil litigation,on the basis of investor protection theory,through comparative analysis on the protection paths of small and medium-sized investors,exploring the practical considerations of the specific judicial application of securities supporting litigation,and then making suggestions for the perfection of the specific judicial application.The structure of this paper is divided into four chapters,In the first chapter,the article will introduce the research background,purpose and research methods,and then elaborate the innovation of the article and literature review;In the second chapter,the article introduces the theory of investor protection In order to construct the theoretical basis of the article;In the third chapter,the article analyzes the construction path of the mechanism of civil liability of securities in our country,and compares the different litigation methods with the supporting litigation.The fourth chapter covers the existing practice of the early payment system and the burden of proof inversion research.Chapter 5 will provide some suggestions and suggestions for supporting the construction of litigation system.