Special Representative Litigation in the Field of Civil Securities Disputes Brief Analysis of the System

Authors

  • Lu Wang
  • Jingru Chen
  • Jingyan Wu

DOI:

https://doi.org/10.54097/ehss.v14i.8949

Keywords:

Special Representative Litigation System for Securities Civil Disputes, Litigation Trust, Litigation Economy

Abstract

As a kind of institutional innovation, the special representative litigation for securities civil disputes is of great value to protect the interests of small and medium-sized investors, enhance the efficiency of class action litigation, and promote judicial fairness and justice. This paper focuses on the institutional innovation, characteristics, superiority and shortcomings of the special representative litigation for securities civil disputes, and examines the policy suggestions for its improvement under the premise of guaranteeing fairness from three dimensions: dynamic mechanism, long-term mechanism and management mechanism.

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References

Xin, Y. H. (2021). The realistic dilemma and promoting path of my country’s special representative litigation system. Journal of Fujian Institute of Financial Administrators, (2), 30-35.

Su, W. K. (2020). Discussion on plaintiff’s standing in securities class action--Focusing on Art. 95(3) of the new Securities Law. Securities Law Review, 29(02), 59-82.

Zheng, H. (2017). The analysis of the U.S. securities class action after 2010 Morrison case. Journal of Anhui Business College, 16(01), 46-51.

Liao, F. C. (2022). Legislative evolution and thinking of securities dispute representative litigation system in China. Northern Finance Journal, (01), 52-59.

Diao, Z. (2020). The improvement path of China’s securities class action under the new Securities Law--Reference and reflection on American class action. Legal System and Society, (23), 94.

Xin, Y. H. (2021). The realistic dilemma and promoting path of my country’s special representative litigation system. Journal of Fujian Institute of Financial Administrators, (2), 30-35.

Xiao, Y. (2020). Application and suggestions of mediation in securities special representative litigation. Investor, (04), 97-100.

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Published

30-05-2023

How to Cite

Wang, L., Chen, J., & Wu, J. (2023). Special Representative Litigation in the Field of Civil Securities Disputes Brief Analysis of the System. Journal of Education, Humanities and Social Sciences, 14, 609-615. https://doi.org/10.54097/ehss.v14i.8949