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False Statement of Securities Alternative Dispute Resolution

Author: RenZhiQiang
Tutor: LiuShaoJun
School: China University of Political Science
Course: Economic Law
Keywords: False statements Institutional dilemma Dispute settlement
CLC: D922.287
Type: Master's thesis
Year: 2008
Downloads: 97
Quote: 1
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Abstract


The securities market is lied on the developments of market economy,the securities trading not only provide an opportunity for enterprises to raise funds,but also help investors to participate in the investment markets."The establishment of a modern enterprise system, optimizing the allocation of social capital resources,and promote the flow of capital,it plays a positive role in promoting." It is a modern development of the market economy in an indispensable factor.Changes in the securities market are fiercely competitive,and its functions effectively play the important role,not only depend on stock market transactions and the issuance of regulatory,and how to set the effective settlement of disputes is crucial.As a kind of stock market violations, false statements are subject to widespread attention.Effects of false statements to investors in the securities market and the attitude of the economic interests of investors have once disputes,usually involving a wide range of influence profound,and highly professional,if handled properly,it will be a direct impact on the development of society the stability and order.Therefore,in order to guarantee the normal operation of the securities market and preserve our financial security,the establishment of a timely and effective way to resolve disputes false statement is particularly necessary.China’s securities market development and the establishment of specific social and historical factors,the relevant regulatory system is not perfect,and also in the securities related to the dispute settlement system of the legal system is not coordinated,and the operation of the judicial system also is plagued with problems.False statements disputes have their own characteristics,such disputes are often resolved by litigation,a single dispute settlement did not give the parties the opportunity to provide more choices.In the litigation system is not perfect circumstances,not be helpful in protecting the interests of investors,not conducive to an effective solution to the dispute.Alternative dispute resolution methods is not inconsistent with various provisions of law forced by the dispute and the parties to independently choose the control of the proceedings of alternative ways and means of resolving civil disputes collectively.It is a dynamic way to resolve disputes,the development of the market economy,in line with the social needs of pluralism and dispute resolution, conflict is the adjustment of the value of the equity.The way of Alternative Dispute Resolution provides a new way of thinking to resolve disputes false statements.By way of ADR in the legal analysis and research value,we believe that ADR methods help to solve China’s current false statements,and improve the securities market,and the promotion of social harmony.On the specific system,the proceedings can be established with alternative ways of resolving disputes with the dispute settlement system of false statements.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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