| People’s Republic of China article 55 th of the civil procedure law provisions on the contents of public interest litigation was founded, which established the terms of China’s public interest litigation across a step in the development of, and clear for polluting the environment, infringement of the legitimate rights and interests of many consumers can conduct harmful to the public interest such as public interest litigation, while the lawsuit was strictly regulated and limited. Medium and small investors, as central to the development of the securities market, their lawful rights and interests are infringed situation will seriously affect public interests, while stock market investors belonging to the category of financial consumers, part of financial consumers and consumers, both as a remedy for public interest litigation makes it possible to protect the rights and interests of medium and small investors. Securities civil liability implementation mechanism is not perfect in practice, so the realization mechanism of civil liability for securities new route appears to be particularly important. Paper based protection small investors lawful rights and interests of this a purposes, to civil method 55 th article for point, through explained on the will protection small investors lawful rights and interests of of securities public litigation into protection consumers of civil public litigation framework in the, to public interests angle together for rationalization analysis, again will securities group litigation and public litigation for compared, last proposed specific of system building design, to perfect securities civil responsibility achieved mechanism.The main structure is as follows: Chapter I introduction study background and purpose of the article, research methods and innovations were introduced. Chapter II describes China’s securities legislation and securities law liability civil liability mechanism trouble related, focusing on securities civil responsibility achievement mechanism of the problem and its causes. Civil liability of securities by third way taking into account the implementation mechanism, grasp the main public interest litigation and securities class actions, we select the reasonableness, justness, public interest litigation path feasibility and system values. Fourth chapter concerning China’s securities litigation system, qualifications and procedure, the burden of proof from the plaintiff, acceptance conditions, compensation management, and corresponding system views are put forward, the last of the thesis summary. |
