对我国试点专设证券法院的思考

Thinking on Setting the Special Securities Court Pilot in China

证券纠纷因证券市场固有的特性而具有争议标的金额大、社会影响面广、案件疑难复杂及专业性较强等特点。我国涉及证券纠纷的相关法律、法规虽然数量众多、原则性强,但内容抽象,不具有操作性。为适应证券市场发展的需要,使司法成为维护中小投资者权益的最后屏障,在对我国试点设立专门的证券法院的必要性和可行性进行分析的基础上,提出试点设立证券法院的初步构想。

According to the inherent characteristics of securities market, securities disputes have more features such as large controversial amount, broad social impact more difficult, complex and professional cases and so on. Although the relevant laws, rules and regulations involving the securities disputes are numerous and principled strongly, their content are too abstract to operate. In order to adapt to the need of development of securities market and make judicature a final barrier to maintain the rights and interests of small investors, we can put forward some preliminary ideas about setting the special securities courts pilot based on a comprehensive and systematic analysis of its necessity and feasibility.