中國大陸證券團體損害賠償訴訟制度之建構－－以臺灣證券團體訴訟制度為借鏡

Construction of Securities Group Compensation Litigation System in Mainland China — Taking Taiwan Securities Group Litigation System As Reference

近年來，中國大陸證券市場虛假陳述、內幕交易、操縱股價等大規模侵權事件頻發，致使廣大投資者損失慘重，但由於部分制度的缺失和已有制度的運作乏力，遭受損失的投資者卻又往往投訴無門，難以獲得有效的救濟，這種狀況亟需改變。臺灣自2003年1月起施行證券團體損害賠償訴訟制度以來，在保護投資人權益、嚇阻證券侵權行為、推動公司治理、維護證券市場秩序等方面均發揮了重要作用，取得了顯著實績以及經驗和教訓，這對於中國大陸相關制度之建構具有重要參考價值和借鑑意義。

In recent years, mass-tort incidents as false statement, insider trading and market manipulation have frequently occurred in securities market of mainland China, causing many investors to suffer from great losses. However, on account of the absence of certain systems and the operational weaknesses of existing systems, investors suffering loss find no way to complain or seek for effective recovery, which should be changed immediately. Since Taiwan started to implement securities group compensation litigation system from January 2003, the system has played a significant role in protecting investors, deterring securities torts, promoting corporate governance and maintaining securities market order, and has attained remarkable achievements as well as experiences and lessons, which is a significant and valuable reference for construction of relevant systems in mainland China.