Fiduciary Alternatives to Special Representative Actions in Civil Securities Disputes

Abstract

As an institutional innovation, the special representative litigation arising from securities civil disputes is of great value for protecting the interests of small and medium investors, which improves the efficiency of class actions and promotes judicial justice. However, this seemingly perfect system has had difficulty in being widely used in China recently. Trusts are a widely applicable, flexible and efficient legal tool that is widely used in the international arena. This paper focuses on how to structure the introduction of litigation trusts into the dispute resolution mechanism of group litigation and how to use its development to update the dispute resolution mechanism of group litigation so as to activate the potential of trusts in China.