Rethinking the Relationship between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
Other conference paper



摘要China has a civil procedure for collective litigation, which is dubbed Chinese-style class action as it is different from the US-style class action in some important ways. Using securities class action as a case study, this paper empirically examines both the quantity and quality of reported cases in China, showing that the number of cases is much lower than expected, but the percentage of recovery is significantly higher than that in the US. Based on this, the paper casts doubt on the popular brief that China should adopt the US-style class action, and shed light on the much-debated issue concerning the relationship between public and private enforcement of securities law. The paper also discusses the future prospect of securities class action in China in light of some recent developments which may provide its functional equivalents, including the regulator-brokered compensation fund and public interest group litigation.
著者Hui Huang
會議名稱Fifty Years of Class Actions – A Global Perspective
會議地點Tel Aviv University
關鍵詞class action; securities regulation; China; administrative settlement mechanism; public interest group litigation

上次更新時間 2018-18-01 於 03:05