Research On The Litigation System Of Special Representatives

Litigation on special behalf,as a nascent system in the field of Securities Litigation in our country,is of great utility in terms of leveling off investor losses,containing violations of securities,and optimizing the environment of the stock market.The system is still not mature enough in our country,in order to achieve proper application,a systematic understanding is required,and the analysis of the relevant normative system needs to precisely grasp the nature of the litigation system and the similarities and differences with traditional representative litigation.The special representative’s litigation system draws on many models such as class action,group litigation,and representative litigation in the design construct,but there are still undesired topics in the specific operating procedures,and various similar litigation modes need to be compared and borrowed to further optimize the special representative with extraterritorial experience.As the first case in which a person specifically suits,the Kangmei pharmaceutical case is of great analytical significance,marking the true floor to floor operation of the person specifically’s system of action and the need to judge,from a judicial practice point of view,whether a legislative design of the system can actually be carried out and whether it can actually carry out its intended function.Finally,special representative litigation has obvious Chinese characteristics and will have both unique advantages and special problems in our country,whether it is a defect in the design of the way of initiation,an excessive limitation of the pre-procedure,or an insufficient incentive for litigation,which must be studied and solved for constructing the standardized operation of Special Representative litigation.