Research On The Group Litigation System Of Securities Torts In China

With the development and expansion of China's securities market,securities infringement acts are increasingly frequent,and securities infringement lawsuits have gradually attracted the attention of the society.Because securities infringement often involves multiple parties,the traditional two lawsuits cannot be competent to resolve such disputes.Securities infringement not only infringes on the interests of investors,but also affects the stable development of the securities market.Therefore,it is imperative to break through the traditional system of two lawsuits to resolve securities infringement disputes through securities group litigation.However,China's existing related systems are still insufficient to effectively resolve securities infringement disputes.The reason is that the related systems in China's judicial practice are still not perfect.The problems existing in China's securities litigation group litigation system include: the application conditions are more confusing,the group membership is lacking in flexibility,the lawsuit representative's relevant regulations are too principled,and the treatment of the effectiveness of the referee is flawed.Therefore,it is of great significance to research on China's securities infringement group litigation system.It is based on the need to lift the reality and improve the procedural legal theory.This article intends to start with an analysis of the basic content of the system,combined with a comparative study of the relevant systems outside the domain,and finally settled on the evaluation of China's current relevant system,and tried to put forward several improvements.See you.The full text is mainly divided into the following four parts:The first part analyzes the basic theory of the group litigation of securities infringement.The author mainly starts from the following three aspects: first,introduce its basic concepts;second,explain its characteristics;third,analyze its functions.The second part examines the status quo of China's securities infringement group litigation system.On the one hand,it studies and analyzes the current system of securities infringement group litigation in China;on the other hand,through the analysis of typical cases and statistics of related data,it demonstrates the significance of perfecting the system of securities infringement group litigation in China..In the third part,it makes a comparative study on the settlement mechanism of the extra-territorial securities infringement.Research and analysis of relevant mechanisms outside the domain,and concluded that: China should improve the existing representative lawsuit,and properly learn from extraterritorial experience.In the fourth part,through the discussion of the previous part,the author summarizes the suggestions to improve the system of the legal system of securities infringement in China.According to the author's glimpse,we can proceed from the following aspects: First,clarify the applicable conditions of China's securities infringement group litigation;Second,determine the group membership of the securities litigation group litigation system;third,refine the group litigation system of securities infringement The relevant provisions of the representative;Fourth,to make up for the shortcomings of the expansion of the judgement effectiveness of the group litigation system for securities infringement.