Reform And Improvement Of The Mediation Mechanism Of Securities Disputes

Securities dispute resolution mechanism is an important part of diversified dispute settlement mechanism.The securities dispute mediation mechanism is an important link embedded in the securities dispute settlement mechanism.How to effectively solve the securities disputes in practice,inevitably involves the choice of solutions;And a variety of securities dispute resolution of how to integrate the existing way,the use of various means of dispute resolution in the advantages of securities dispute resolution,both need sufficient theoretical basis,at the same time also should answer in securities dispute resolution practice of "artificial reason" the asked.Accordingly,scientific design fit the current development trend of securities dispute mediation mechanism,to realize the value of securities dispute resolution mechanism and function,in the current tide of diversified dispute resolution change appears especially important.Currently,the main specification of securities dispute mediation mechanism is referring to the securities law,the act of people's mediation and conciliation rules issued by the securities industry self-regulatory organizations and other normative documents,and does not have a unified,unified,unified regulation system of systematic specifications shall apply.In social economy and the rule of law environment increasingly progress at present,the past in the field of securities dispute resolution to sustain the loose of securities dispute mediation mechanism in such aspects as system attributes,mediation procedure,the effect of mediation resolution has long been difficult to adapt to the needs of the development of securities in financial markets.The author in this article in the writing process through the dispute of "securities","securities dispute resolution mechanism" and "securities dispute resolution mechanism" of the three key concepts of qualitative analysis,clarify the connotation and characteristics between the three.Through practice of securities dispute mediation mechanism of local samples-as a centre of shenzhen stock futures dispute mediation organization frame,mediation work way,operation conditions and the applicable rules of conciliation,summarizes the current three real characteristics of securities dispute mediation mechanism,namely the securities dispute mediation mechanism and transformation of development mode from extensive development to fine the value orientation of system design to protect small and medium-sized investors tilt direction,on the mediation procedure set gradually pay attention to the cohesion and arbitration and litigation mechanism.Through the analysis of the present situation,some problems lurking under the system of coat also gradually exposed,and these problems have a deteriorating trend,mainly manifested in the following four aspects:the mediation mechanism of system positioning,all kinds of dispute resolution mechanism cross each other on the function and value;The lack of the basic legislation of the mediation mechanism leads to the disputes on the settlement of specific securities disputes,which can't be relied on,and some disputes "do not know what to do";The two-way ability defect of the mediation subject leads to the low efficiency of mediation and the weakening of the function of the mediation system.The system of conciliation procedures is flawed and there is no systematic conciliation procedure.Aiming at these problems,the author thinks that should be to build a fair,efficient and diversified dispute settlement mechanism as the value goal of authority,in full consideration of the present status of the current securities finance market in China,the securities dispute mediation mechanism for further reform and perfect,make it more forward-looking and scientific.Its implementation path can be,in making securities dispute mediation mechanism,on the basis of system attributes,strive to build a systematic investors'rights and interests protection mechanism,support the diversification of securities disputes conciliation presided,reform and improve the mechanism of the securities dispute mediation cohesion,enrichment and refinement of securities disputes mediation rules of procedure,thus scientific design securities dispute mediation system,effective securities dispute resolution mechanism of system functions into full play.