The Discussion About The Improvement Of The Security Arbitration System In Our Country

With the rapid development of China’s security market, security disputes also appear constantly, and become the main obstacles to the healthy development of China’s security market.Therefore, to explore the effective security dispute resolution mechanism has great realistic significance. From the perspective of the security arbitration system, which is one of the security dispute resolution mechanism, this thesis analyzes the shortage of security arbitration system in our country and puts forward the perfect proposals.Security arbitration system in our country has a history of more than 20 years, but the real effect of the operation is not ideal. In detail, it failed to play an important role in settling disputes. Many problems has occurred in this process, such as imperfect legal system, disputes about the scope of accepting cases arbitration, difficulty in archiving the arbitration agreement and low efficiency of the arbitration mechanism. These issues are bad for the development of security arbitration, and have marginalized Security arbitration system. However, it is essential for the security market, and is also an important means to resolve securities disputes. What’s more, it corresponds to some particular security disputes. At the same time, it also has great advantages for the security investors’ protection and releasing the pressure of the court. But the suggestion about the improvement of security arbitration system is not imaginary without any reason. We are supposed to learn from other countries and regions’ successful experience on the basis of China’s reality. The United States is the world leader who has a perfect security arbitration system, which has distinctive features. UK’s is also commendable in this area, although it has no single security arbitration system. Chinese Hong Kong is Asia’s financial center and its unique security arbitration rules is the most worthy of reference.According to the problems in security arbitration system in our country, as well as the reference of foreign experience, we are supposed to follow these aspects to perfect our country’s security arbitration system. First, we must carry out the idea of investors’ protection. Investors are the foundation of the security market, so the protection of securities investors is the foundation of the security arbitration system, as well as the power of development. Therefore, for the purpose of stimulating the vitality of the security arbitration to the largest extent, we must carry out the idea of investors’ protection in the process. Second, the relevant laws should be perfected.Security dispute arbitration mechanism is a system. Its existence and development need more laws and regulations. Therefore, in terms of legislation, "arbitration law" and the "securities law" are necessary. Finally, the concrete systems are to be perfected. The security arbitration scope of accepting cases should be expanded. We should acknowledge that security tort disputes can be arbitrated, so that the disputes between listed companies and investors can be included, and we are ought to actively explore other ways to deal with increasing cases after expanding the scope of accepting cases. Secondly, we can use security compulsory arbitration to solve disputes. Thirdly, we can improve the diversity of security arbitration institutions construction. On the basis of the existing arbitration agency network, we should continue to play an important role in international economic and trade arbitration commission on the securities arbitration, and actively explore the mode of security arbitration body set up by the self-discipline organization. Fourthly, the security association should play a leading role in formulating independent security arbitration rules, and ensure that the security arbitration proceedings can improve its efficiency and profession.The perfection of security arbitration system is a systematic project, which will not happen overnight. But with the development of the security market, the security industry and the social public get more familiar with the arbitration system. Many experiments have been taken in many ways. And with improvement of the security arbitration theory researches, the security arbitration system in China has a booming time to develop. As a result, it is time to take this opportunity to further improve the security arbitration system, and make a great use of it as a dispute settlement mechanism, which benefits lot for the protection of the security market.