Research On The Legal Issues Of Securities Registration And Settlement Institutions

As one of the service agencies in securities market,securities registration and clearing institution plays a huge role in the development of the securities market.However,there are few laws and regulations concerning securities registration and clearing institution in China at present,and academic research on the legal issues of securities registration and clearing institution is less.Therefore,based on the foregoing reasons,the author combines laws in different areas such as the �General Principles of Civil Law�,�Property Rights Law�,and �Notarization Law�,and does research on the legal issues concerning securities registration and settlement institution that have not been or have been paid attention to but do not have further study by domestic scholars,to enrich the legal theories of securities registration and clearing institution,and put forward corresponding perfect suggestions for the current deficiencies in the securities registration and settlement institution at the same time.The author puts forward some more innovative ideas: Research on the non-profit nature of the securities registration and clearing institution in combination with the provisions of the �General Principles of the Civil Law� and be forward-looking in theoretical research;Present the view that the securities registration and clearing institution proves the holder's right,and provide new ways for judicial practice exploration;Use the comparative methods to compare securities registration and settlement institutions with other registration agencies,and provide new ideas for the exercise of the registration function of securities registration and clearing institution.This paper will be divided into five parts: the first part of the thesis is mainly comprehensive overview of securities registration and clearing institution to provides basic theoretical support for the subsequent discussion of the thesis,including the introduction on the development of the securities registration and clearing institution,the characteristics of the securities registration and clearing institution,the function of securities registration and clearing institution,etc.The second part mainly analyzes the non-profit nature of securities registration and clearing institution combining the General Principles of Civil Law concerning non-profit corporation,and to put forward suggestions concerning the conflicts between the non-profit nature of securities registration and settlement agencies and the provisions of the general rules of civil law.The third part mainly studies the role of the securities registration and clearing institution in proving the securities rights,and proves that the securities registration and settlement institution actually has the legal status of the certification institution.The fourth part mainly focuses on the securities registration function of the securities registration and clearing institution.Though comparing the securities registration and clearing institution with the real right registration authority and the business registration authority to find out the differences in the registration functions of different registration agencies,and to enrich the legal theory on Securities Registration Research in the end.The last part is mainly based on the role of the securities registration and clearing institution in the common counterparty played in the course of securities trading.Though studying the legal basis established by the common counterparty,the function of the common counterparty,and the rights and obligations of the common counterparty,the author makes appropriate legislative proposals..In summary,the study of this paper not only has theoretical and practical significance for the development of securities registration and clearing institution's legislation,securities registration and settlement system,etc.At the same time,this article is based on enriching the legal theory related to securities registration and settlement and can also be provide new research ideas and research directions for the follow-up research on the legal issues of securities registration and settlement.