ABSTRACT

This chapter outlines some important basic legal, regulatory and judicial rules commonly applicable to all types of securities dispute cases while the rules, including special trading rules applicable only to cases in certain specific securities markets. The legal, regulatory and judicial framework for securities dispute resolution in China is part of China's post-1978 legal system, built during the process of China's economic and legal transformation. In the first stage of the development of China's current legal system, in the 1980s, a group of basic and important laws were enacted, including, among others, the 1981 Economic Contract Law, the 1982 Civil Procedure Law and the 1986 General Principles of Civil Law. These laws laid down basic civil procedural rules and general principles of civil and commercial law, such as the legal requirement for civil juristic acts, provisions on civil liability and compensation law of agency, validity of contract and civil liability for breach of contract.