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改革开放至今,证券乃至整个金融市场已发生了翻天覆地的变化,银行、证券、保险等金融行业均实现了跨越式发展,而金融纠纷的解决方式却一直存在司法途径单一的问题,证券市场或金融行业向国际靠近的同时,证券乃至金融纠纷的解决也应更加国际化、专业化、多样化。本文从国内证券纠纷仲裁现状为出发点,参照英美发达国家证券纠纷仲裁经验,结合国内证券纠纷仲裁可行性,初步提出未来证券纠纷仲裁解决制度的构建思路。
Since the reform and opening up, the securities and even the entire financial market have undergone tremendous changes. The financial industry such as banking, securities and insurance all achieved leapfrog development. However, the solution to the financial disputes has always had a single judicial approach. The securities market or the financial As the industry approaches the international market, the settlement of securities and even financial disputes should also be more international, specialized and diversified. Starting from the status quo of domestic arbitration of securities disputes, this paper, based on the experience of securities disputes arbitration in developed countries of the United States and Britain, combined with the feasibility of arbitration of domestic securities disputes, initially proposed the construction of the arbitration settlement system for securities disputes.