The Research On The Model Judgement Mechanism Of Securities Disputes In Shanghai Financial Court

On January 16,2019,the Shanghai Financial Court issued the "Regulations on the Model Judgment Mechanism for Securities Disputes in Shanghai Financial Courts"(hereinafter referred to as the "Model Judgment Mechanism Regulations").On March 21,the Financial Court applied the model judgment mechanism for the first time to resolve securities disputes.As the first specific regulation on the demonstration mechanism of securities disputes,a dispute resolution mechanism was created in the field of securities and futures disputes to solve large-scale group disputes.From the source,the design of the model judgment mechanism was inspired by the model lawsuit mechanism.However,China's model judgment mechanism is more special,The mechanism in China is combined with the support litigation,the litigation and adjustment mechanism,and the disputes in which the litigation trial is embedded in the mediation system.The solution system is a mixture of integrated mediation and litigation systems,with the nature of ADR.Based on the local practice and realistic contradiction of securities group disputes,this paper expounds the construction road of the financial court's securities demonstration judgment mechanism,and on this basis analyzes the factors affecting the operation effect of the demonstration judgment mechanism,and analyzes the mechanism that needs to be solved urgently.In the last part,this paper points out the problem and suggestions for its improvement.