A Research On Chinese Administrative Enforcement Settlement Institution For Securities

This paper will introduce the legislative basis and characteristics of Administrative Enforcement Settlement Institution for Securities.By referring to the mature Administrative Enforcement Settlement Institution for Securities in other countries,this paper analyze the shortcomings of Chinese Administrative Enforcement Settlement Institution for Securities.To protect both the interests of the public and investors,this paper will give advice to the improvement of Chinese Administrative Enforcement Settlement Institution for Securities.The structure of this paper is mainly divided into three parts:The first part sketches out Chinese Administrative Enforcement Settlement Institution for Securities.Firstly,the administrative enforcement settlement is compared with other types of administrative settlement,which shows that the administrative enforcement settlement needs to set up another system.Secondly,this paper introduces Chinese Administrative Enforcement Settlement Institution for Securities,and reveals that the characteristics of administrative enforcement settlement for securities lie in the protection of public interests and investors' interests.Finally,the paper analyzes “Measures on the Pilot Implementation of Administrative Reconciliation” and its shortcomings,and indicates the significance of restructuring Chinese Administrative Enforcement Settlement Institution for Securities.The second part is to explore and think about the administrative settlement institution of securities from other countries(regions).This part mainly introduced the different types of the administrative settlement Institution of the United States,France and Taiwan.On the base of understanding legal Institution in these countries and regions,we can learn from them better.The third part is to put forward constructive suggestions on the reconstruction of Chinese Administrative Enforcement Settlement Institution for Securities.This part puts forward suggestions on the reconstruction of entity Institution and procedure Institution of Administrative Enforcement Settlement Institution for Securities.Entity Institution includes the applicable conditions of settlement and the effectiveness of the settlement agreement.Procedural Institution includes the participation institution of interested parties,the settlement disclosure Institution and the distribution institution of administrative settlement funds.Finally,in order to guarantee the implementation of administrative settlement agreement,the enforcement force of administrative settlement agreement is mainly discussed,which is the foothold for Administrative Enforcement Settlement Institution for Securities to play a practical role.