论社团自律对投资者权益的保护-法律专业论文.docxVIP

person person intervening to the securities market to self-regulate． (b)Legal foundation of association．The freedom of association which is regulated in the Constitution is the constitutional foundation for association．And regulations in securities law and other laws and regulations such as regulatory measures on stock exchange concerning associations are the law—and—regulation foundation for association． (C)Associations in securities market and its problems．There are two kinds of associations in China-．．．．China Securities Association and stock exchange．Associations in China are selected by the government SO its shortcomings arC as follows：insufficient self-regulated rules，not enough numbers and categories，not independent and incapacity in their work．So more associations should be established such as investors’association， listed company association，securities dealers association and association founded by other intermediary organizations in order to beaer protect investors’rights． (d)Role of associations in resolving disputes and its relationship with the court．Along with the development of securities market， associations become more and more important in resolving disputes． Associations may solve dispute between investors and listed companies， investors and securities companies，among listed companies，listed companies and securities companies，among securities companies， investors and liquidation organizations through reconciliation，mediation， arbitration．In arbitration．In China,especially in the view of general public，besides the court，other alternative disputes resolution organizations are not trustful and powerful enough．Thus it is necessary to joint the associations to the court in resolving disputes。According to the parties of the disputes and the nature of the association，it could be joint to civil or administrative procedure．If the parties belong to the same association，and if they do not satisfied with the decision of the association they could file