Research On The Form Of Securities Fraud Group Lawsuit

The form of securities fraud group litigation is an important consideration in the study of securities fraud.This paper studied the forms of securities fraud group litigation in the United States,Germany,Japan and other countries and regions,summarized the existing problems of the representative litigation system.Through this paper,we studied the function and value orientation of the securities fraud group litigation,find out the problems and basic conditions that need to be solved to construct the group form of securities fraud,research on the legislation,judicature and science of the securities fraud group lawsuits in the relevant countries and regions,combined with China's specific national conditions,put forward the framework of structuring China's securities fraud group litigation.The first part of this article expounds the judicial status of securities fraud group litigation,explaining the meaning and characteristics of China's securities fraud group litigation,it also elaborates on the laws,regulations and development history of China's securities fraud group litigation,and discriminating and linking group litigation against securities fraud with group litigation and public interest litigation,defining the importance and uniqueness of disclosing the form of securities fraud group litigation alone.With typical cases of the second part.I deeply studied the court's difficulties in dealing with securities fraud group litigation in judicial practice,and also indicating the problems that the current legal guidelines applicable to the representative litigation system to solve the securities fraud group litigation,to provide practical support for other litigation forms in the following text.The third section examines the forms of securities fraud group litigation in the United States,Japan,and Taiwan,that is,group lawsuits,group lawsuits and selected party lawsuits,compare it with our country's legal regulations and judicial practice,and through analysis andelaboration,we have identified some experiences that are worth our country's learning and learning.The fourth part starts with the proper value orientation of China's securities fraud group litigation form.By discussing its value orientation and the complexity of the actual issues,it clearly clarifies the solution to the securities fraud group disputes in a diversified litigation form,including a revised representative litigation system,model litigation,public welfare investor protection organizations filed lawsuits and other solutions.It focuses on the possibility and rationality of using model lawsuits,and provides theoretical and practical support for the application of model lawsuits to resolve securities fraud group litigation.The fifth part aims to construct a securities fraud demonstration litigation.The system begins with the concept of model litigation,classification of theories,and judicial classification.It systematically elaborates the theoretical basis for the adoption of model litigation in securities fraud group litigation,including the one-time relief of disputes,resiliency expansion,litigation contract and party autonomy.Finally,from the start of the model litigation to the selection of the case and the conclusion of the case.Throughout the entire process of the case,simulated the trial of securities fraud group litigation.