2012Beifang faxueRequires access

On Securities Litigation in China:the Application Prospect and Improvement Strategy

Miao Yin-zh

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Abstract

As for disputes settlement and law enforcement in the securities market,litigation is a superior approach in many aspects such as being compatible with market,flexible,private-driven and open.Due to institutional restrictions,its effects have not come into full play but the academic and system supports are well prepared.Given the actual market circumstances,litigation has more positive effects on social order.In promoting securities litigation,negative institutional factors from courts should be avoided,and combination of public power and private rights should be enhanced so as to coordinate with the State power dominated society and to strengthen the reform feasibility.

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What this paper is about

As for disputes settlement and law enforcement in the securities market,litigation is a superior approach in many aspects such as being compatible with market,flexible,private-driven and open.Due to institutional restrictions,its effects have not come into full play but the academic and system supports are well prepared.Given the actual market circumstances,litigation has more positive effects on social order.In promoting securities litigation,negative institutional factors from courts should be avoided,and combination of public power and private rights should be enhanced so as to coordinate with the State power dominated society and to strengthen the reform feasibility.

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Available abstract

As for disputes settlement and law enforcement in the securities market,litigation is a superior approach in many aspects such as being compatible with market,flexible,private-driven and open.Due to institutional restrictions,its effects have not come into full play but the academic and system supports are well prepared.Given the actual market circumstances,litigation has more positive effects on social order.In promoting securities litigation,negative institutional factors from courts should be avoided,and combination of public power and private rights should be enhanced so as to coordinate with the State power dominated society and to strengthen the reform feasibility.

Key concepts: Enforcement, Private placement, Settlement (finance), Order (exchange), Business, China, Security market, Private rights

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