On Procedural Amendments to Civil Securities Misrepresentation Litigation after the Cancellation of Preliminary Proceedings
Increasing the protection of investors'rights and interests is a fundamental requirement for the development and prosperity of the securities market.In order to fully protect the rights and interests of investors in filing civil compensation lawsuits for securities misrepresentation in a timely manner,the cancellation of the preliminary procedure has been changed from foresight to reality.However,the cancellation of the preliminary procedure has given rise to procedural problems,such as confusion in the determination of the commencement of the statute of limitations,conflict and abuse of jurisdiction,increased burden of proof on the investor,and confusion in the coordination of civil and administrative procedures,which need to be resolved and responded to urgently.In order to strengthen the protection of investors'rights and interests and fully realize the institutional goal of cancellation of the preliminary procedure,the path of procedural amendment can be carried out in four aspects,namely,clarifying the starting point of the statute of limitations,clearing up the jurisdictional disputes,reinforcing the investors'ability to prove,and formulating the rules of coordination of civil and administrative procedures.
Securities DisputesMisrepresentationProcedural PrerequisitesSpecial Representative ActionsSmall and Medium Investors
万方数据
维普
