On The Improvement Of China’s Securities Dispute Mediation Mechanism

Along with the continuous development of securities market mechanism,and the rapid development of Internet finance,China’s securities market is increasingly showing a diversified development trend.All these new changes make the scale and complexity of securities market continuously upgrade and eventually lead to the continuous increase of risks in the securities market and frequent occurrence of securities disputes.Mediation is a major institutional asset created in the history of China to resolve civil disputes.It has prominent advantages in the application of securities dispute resolution.Moreover,the establishment of national mediation institutions,the construction of mediation mechanisms,and the development of mediation practices are important signs to measure the investor protection work and the development degree of capital market in a country.With the promulgation of the newly revised securities law in December 2019,measures to improve the investor protection system,including the establishment of a compulsory mediation system for disputes between ordinary investors and securities companies,have highlighted the importance of mediation in the settlement of securities disputes,but also made future securities dispute mediation work more challenging.In this context,it is the purpose of this paper to summarize China’s years of pilot experience,draw lessons from the system construction of other countries,explore the improvement way of securities dispute resolution mechanism suitable for China’s national conditions and put forward practical suggestions.This paper mainly adopts the research methods of summary,comparative study,case study and so on,aiming at the problems faced by our country at the present stage,and purposefully draws on the useful practices of foreign experience to form practical and feasible suggestions.This paper is divided into four parts:The first part expounds the necessity of perfecting China’s securities dispute mediation mechanism through four aspects:the particularity of securities dispute mediation mechanism,further analysis of the advantages and disadvantages of various dispute resolution mechanisms,the comparative advantages and the important value The second part comprehensively analyzes the background and development status of China’s securities dispute mediation mechanism,sorts out the main problems existing in the practice,excavates and summarizes the defects of China’s existing system,and completes the comprehensive consideration of China’s securities dispute mediation mechanism.The third part mainly reviews the experience of securities dispute mediation mechanism in the United States,the United Kingdom,Japan and other countries from the perspective of law transplantation.In the fourth part,based on the above conclusions,this paper puts forward some suggestions on how to improve the mediation mechanism of securities disputes in China.First,we should strengthen the top-level design of securities dispute mediation mechanism and pay attention to the system convergence.Second,strengthen the leading role of securities regulatory departments and implement supervision according to law.Third,speed up the construction of national mediation institutions and establish mediation authority.Fourth,improve the mediation procedure detail stipulation and service practice demand.Fifth,standardize the construction of online mediation platform to resolve disputes efficiently.Based on domestic and foreign practical experience,this paper puts forward some targeted suggestions to comprehensively promote the settlement of some problems in the process of multi-resolution mechanism construction of securities and futures disputes,help my country improve the diversified resolution mechanism for securities and futures disputes that meets the actual needs of current social development,so that the legitimate rights and interests of investors are effectively protected,and an open,fair and just capital market order is maintained,and strong support is provided for the healthy and harmonious development of the capital market.