Sino-us Securities Class Actions Is A Comparative Study

Group litigation system originated in the ancient British law, Development so far, the system has been gradually draw by the countries of the world, absorbing and development. Were more typical among the current U.S. system of class action (Class Action), the United Kingdom representative proceedings (Representative Action), as well as litigation groups in Germany (Verbandsklage). I believe that the U.S. class action system and the comparability of China's most. We can learn from the class action system in the United States some useful things, so as to protect the interests of investors by the China Securities used.This thesis studies the issues of security related class action based on the comparative method. In the first chapter, the author discusses first of all securities class actions and characteristics of the concept of the system, pointing out that the securities class action litigation system is a system group on the application of the Securities Act, that is, when the legitimate rights and interests of investors by another person in violation of the Securities Act has been infringed upon, investors through the group litigation claim in civil court and obtain judicial relief; followed by an analysis of the effectiveness of securities class actions, including the efficiency function, The formation function, the fairness function, public function and the function of judicial intervention. The second chapter, the author analyzed the advantages and disadvantages of that system in the United States securities class action against the defendant, the deterrent effect is great, but also easily lead to over-exploitation by the Law Society v.; the third chapter, ChapterⅢ, China's Securities Litigation status of the system are discussed, and representative litigation system in China and the United States securities class action system to be compared, and finally the author discussed the proceedings of our representative system.. ChapterⅣ, the author talked about the first securities class action system in the United States on China's influence, and pointed out that the analysis of defects in China's current Code of Civil Procedure, based on the reference system of the United States securities class action is necessary to put forward the China Securities Litigation reform direction.