| The system of security law enforcement reconciliation originates from the security market abroad,and is mature in the long-term development,recognized by various countries and regions in the world.In recent years,with the rapid development of China’s security market,the security market becomes more and more complicated,arduous task of supervision,and security violation problem also emerges in an endless stream.Based on the protection of the interest of investors and the operation of ensuring a good order of the security market,the system of reconciliation also becomes a new measure for the law enforcement of security.The implementation of the CSRC administrative reconciliation pilot plan officially promulgated by China Securities Regulatory Commission in 2015 is the beginning of the application of the Security Enforcement Reconciliation system in China.In the early stage of the establishment of the system,combining with the reality of our country and the mature experience outside the region,which is an important subject in the research of securities law enforcement reconciliation system.This paper first introduces the basic theory of security law enforcement and reconciliation system,and lays a theoretical foundation for the following research.Due to the particularity of its subject and the complexity of the application field,The security law enforcement and reconciliation system is different from traditional administrative law enforcement and other reconciliation systems,and it has its own nature.Security law enforcement reconciliation refers that in the regulatory process,because of the unclear case facts or the law or the cost of the investigation,regulators communicate with the other party on the basis of voluntary consultation and conclude the settlement agreement,making individual interests and public interests balance way to solve disputes.Secondly,the paper introduces the legislation and practice of law enforcement and reconciliation system in different countries and regions and emphasizes the significance of reference for our country,reflecting the shortcomings and problems existing in our country,the imperfection of legislation and the application of various difficulties in the practice of settlement system.For example,the imperfect legal system,the lack of practice experience of the regulatory authorities and the corruption in law enforcement are all problems that need to be solved by the law enforcement and reconciliation system in China.Through the analysis and research of different legal systems,the application scope,conditions and operation mode of China’s security law enforcement and reconciliation system are standardized,which is conducive to the good operation of the reconciliation system.It is the goal and value of the reconciliation system to protect the personal interests and the public interest.Finally,the effectiveness and relief approach of the settlement agreement are discussed.The effectiveness of the settlement agreement and the remedy approach is the last step in the implementation of the reconciliation system.Only when the validity of the settlement agreement is clarified and the effective,invalid and revocation of the agreement can be determined,the real performance of the settlement agreement can be guaranteed and the reconciliation system finally realizes its own meaning and value.The settlement agreement cannot avoid disputes and disputes,and it is an important measure to build a security law enforcement and reconciliation system by cooperating with relevant litigation,implementing judicial relief and administrative relief. |
