| 英文摘要 |
The securities special representative litigation system is an innovative provision Chinese mainland Article 95, Paragraph 3 of the Securities Law. A review of the existing legislation and practice shows that the system has problems such as the unreasonable litigation cost burden mechanism, the failure to establish a reward system for special representatives to win litigation, and the imperfect litigation support mechanism for special representatives. By sorting out the representative models of securities class action lawsuits, we can see that the mechanism to ensure the good operation of the system is to minimize the cost of litigation for the plaintiff, to implement compensation and incentives for litigation representatives, and to guide the relevant subjects to support and assist the litigation parties. Optimizing the existing litigation cost burden mechanism, adding a reward mechanism for special representatives to win litigation, and reshaping the support mechanism for special representative litigation should be the key points for improving the system of incentive mechanism for litigation by special representatives of mainland securities. |
