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On The Perfection Of My Country's Securities-backed Litigation System

Posted on:2021-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:H JiangFull Text:PDF
GTID:2516306110966249Subject:Master of law
Abstract/Summary:PDF Full Text Request
In recent years,with the continuous development of the securities market,civil tort cases frequently occurred,the damage is often mainly small and medium-sized investors.Small and medium-sized investors have always been an important participant in China's securities market.To some extent,small and medium-sized investors are the core force for the stability and long-term development of the securities market.However,due to the defects and many deficiencies of the investment skills and legal awareness of small and medium-sized investors,they are faced with difficulties in proving evidence and high cost of safeguarding their rights in litigation.Compared with the strong willingness of small and medium-sized investors to safeguard their rights,the right relief mechanism is seriously in short supply.Based on the principle of "no negligence",the subject of securities tort is often unable to obtain civil liability.If the legal rights of small and medium-sized investors are not protected after continuous and large-scale securities infringement,the stability of the securities market and the orderly development of China's market economy will be affected.How to reverse the situation of unequal litigation ability and safeguard the legitimate rights and interests of small and medium-sized investors? In the latest revision of the securities law of our country,the principle of securities support litigation is stipulated.At present,this system has many problems in the judicial practice of our country,which needs to be studied in depth.This paper detailed introduces the basic theory of supporting litigation and the value of existence,at the same time,based on existing securities support cases in China,through a combination of theory and practice to explore the current our country securities support lawsuit system existence question and the insufficiency,and refer to other countries and Chinese Taiwan area the lawsuit pattern of our country securities support put forward concrete Suggestions for perfecting the lawsuit system.At the same time,in order to improve the judicial efficiency,the paper analyzes the necessity of the combination of the securities support litigation system and the model litigation system.In the end,the author puts forward some Suggestions on the integration and connection of the supporting securities litigation system with the model litigation system and other relevant auxiliary mechanisms.The research of this paper puts forward some feasible Suggestions for the development and improvement of China's securities-supported litigation system.
Keywords/Search Tags:securities support litigation, investor protection, China securities investment service center, model litigation
PDF Full Text Request
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