论德国《投资者典型诉讼法》

The Law of the Model Litigation for Investors of Germany

2005年11月1日德国颁布实施的《投资者典型诉讼法》,对投资者典型诉讼的一系列问题作出了全面系统的规定。其中集中审理证券群体纠纷中共同的事实和法律问题的做法,对降低诉讼成本和合理分摊诉讼费用、节约司法资源以及维护法律适用的统一具有重要意义。对我国典型诉讼程序的运作和证券市场群体纠纷解决亦有重要参考价值。

From November 1, 2005, ＂The Law of the Model Litigation for Investors＂ came into force in Germany. The Law was enacted to regulate all problems involved in the model litigation for investors in a systematic way. By putting common factual and legal issues of group disputes arising from stock market in one trial, this has significant impacts on reducing the costs of litigation, reasonably sharing of litigation fees, efficiently allocating judicial resources, and unifying the application of laws. For China, the Law does set a good example for us to deal with the procedures of model litigation and to solve the group disputes in stock market.