Research On Judicial Relief Of The Disputes Arising From The Over-the-counter Funded Transactions

Over-the-counter funding,that OTC stock financing transactions,refers to stock financing activities that are conducted outside the securities regulatory system.Because of the high risks associated with the securities market and the conflicts with the civil legal system,disputes involving capital allocation and A lot of controversies have emerged,and this article focuses on judicial relief research on disputes over OTC funding.The first part of this article begins with OTC funding distribution transactions and disputes.By analyzing the nature of OTC funding allocation business,the transaction mode and rules system of OTC funding allocation are sorted out,and the analysis of the rules system indicates that OTC funding disputes originate from the law.Lack of regulation.The second part depends on the digital network service platform for landing Chinese laws to search for relevant cases involving over-the-counter fundraising and to sort out the distribution of relevant cases on the basis of the case.The dispute over the OTC funding is categorized as a contractual dispute.Through the analysis of specific cases,the most controversial issues related to OTC funding cases were focused on three aspects: contract effectiveness,contractual characterization,and risk burden.In the third part,based on the issues sorted out in the previous section,the characterization and validity of the contract and the assignment of risk responsibilities are analyzed in a similar manner and compared to the reasons for the judgment of the court,and the controversial issues are intensively analyzed.On the basis of the foregoing,the fourth part puts forward the principles of the judicial relief system in OTC funding distribution disputes,specifies the handling of controversial issues in the judicial relief of OTC funding allocation,and proposes other ancillary systems to improve the judicial relief system.