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Research On The Initiation Of Securities Dispute Representative’s Lawsuit In China

Posted on:2024-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2556307148469534Subject:Law
Abstract/Summary:PDF Full Text Request
In the securities field,investors’ interests are frequently damaged due to the torts of listed companies.In addition to administrative supervision,it is also necessary to rely on the power of civil litigation to safeguard investors’ rights and punish tortfeasors.Therefore,in recent years,China is gradually building a representative litigation system for securities disputes,and the problems in this system need to be solved urgently.The first chapter firstly introduces the theoretical basis of securities group litigation constructed by interests of appeal,litigation contract and litigation bearing.Then the historical evolution of China’s securities dispute litigation system is briefly summarized and sorted out,followed by a summary of the relevant normative system currently in effect and an overview of the practice of representative actions in securities disputes in China.The second chapter analyzes the problems of insufficient power of ordinary representative litigation and special representative litigation initiation procedure and initiation subject in order.In view of these problems,this paper analyzes the initiation procedures and supporting mechanisms of a similar system to that of representative actions in securities disputes in China,taking the United States and China’s Taiwan as examples,with a view to gaining insights from them.The third chapter proposes improvements to the problems of ordinary representative actions in securities disputes in Chapter 1,including the application of an express opt-out litigation model,the appropriate introduction of the mechanism of remuneration for successful litigation,and the updating of the selection criteria for representatives.The fourth chapter proposes improvements to the problems of special representative actions in securities disputes in Chapter 1,including the adoption of the exclusion theory instead of the progressive initiation procedure,the addition of special representative subjects and the reduction of the number of delegates requirement.The conclusion section summarizes the main points of the argument and theoretical value of this thesis in a general way,and also points out the shortcomings of the article to be improved.
Keywords/Search Tags:Representative Litigation, Op-out system, Securities disputes
PDF Full Text Request
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