| 英文摘要 |
The special representative litigation system created in paragraph 3 of Article 95 of the securities law of Chinese Mainland is a group litigation system with characteristics. As for the interpretation of the special representative’s procedural rules, there are two modes: expansion interpretation and restriction interpretation. The former advocates the openness of procedure initiation and the inclination of interest protection, while the latter emphasizes the conservatism of procedure initiation and the consideration of interest protection. The restrictive interpretation model is not only conducive to the social and public interests, but also to the interests of listed companies, and will not damage the interests of investors and investor rights protection institutions. From the result of interest balancing, the restrictive interpretation should be the basic model for the legal dogmatics analysis of the litigation rules of the special representative. In the restrictive interpretation of the start-up rules, we should strictly abide by the progressive way of submission, and set the formal and substantive standards of litigation review. In the restrictive interpretation of the parties’ rules, we should set up a substantive ruling procedure for the scope of obligees and design a supervision system for the litigation implementation right of investor protection institutions. In the restrictive interpretation of litigation attack and defense methods, it clearly advocates the distribution rules of responsibility and burden of proof, and reasonably improves the application threshold of presumption principle. |
