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Test on the law protection of minority investors in China: Perspective of misrepresentation in securities market

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  • Fang Fang
  • Wang Tian
  • Zhang Yanfei

Abstract

Under the background of effectively building the legal system of the capital market and strengthening investor protection, an evaluation of whether China's legal system's reformations have improved investor protection is of great significance. Based on the lawsuits of 663 listed companies from 1997 to 2021, this paper finds the average annual proportion of listed companies punished by the China Securities Regulatory Commission and prosecuted by the investors is 40%, and since 2017, it has stabilized at around 70%. This paper also finds the “head effect” of the number of investors and claims in the misrepresentation cases over the years and the advantages of China Securities Investor Services Center's support in investor protection. Then, the negative binomial regression method is used to empirically find that investor protection gets better and better with the reformation of China's laws. Reformations in the legal system and key provisions have all led to an increase in the number of sued investors and claims. However, the time of legal proceedings only depends on the reform of the entire legal system. Finally, to reduce litigation costs and make all investors actually receive compensation after being infringed, we should establish the class action mechanism in the future reformation of China's legal system.

Suggested Citation

  • Fang Fang & Wang Tian & Zhang Yanfei, 2023. "Test on the law protection of minority investors in China: Perspective of misrepresentation in securities market," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 44(3), pages 1642-1655, April.
    • Handle: RePEc:wly:mgtdec:v:44:y:2023:i:3:p:1642-1655
    DOI: 10.1002/mde.3772
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    1. Utpal Bhattacharya & Hazem Daouk, 2002. "The World Price of Insider Trading," Journal of Finance, American Finance Association, vol. 57(1), pages 75-108, February.
    2. Simeon Djankov & Yingyi Qian & Gérard Roland & Ekaterina Zhuravskaya, 2006. "Entrepreneurship in China and Russia Compared," Journal of the European Economic Association, MIT Press, vol. 4(2-3), pages 352-365, 04-05.
    3. Pistor, Katharina & Xu, Cheng-Gang, 2002. "Law enforcement under incomplete law: theory and evidence from financial market regulation," LSE Research Online Documents on Economics 3748, London School of Economics and Political Science, LSE Library.
    4. Alexander Dyck & Natalya Volchkova & Luigi Zingales, 2008. "The Corporate Governance Role of the Media: Evidence from Russia," Journal of Finance, American Finance Association, vol. 63(3), pages 1093-1135, June.
    5. Katharina Pistor & Martin Raiser & Stanislaw Gelfer, 2000. "Law and Finance in Transition Economies," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 8(2), pages 325-368, July.
    6. Katharina Pistor & Chenggang Xu, 2002. "Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation," STICERD - Theoretical Economics Paper Series 442, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
    7. Hsieh, Shu-Fan & Chan, Chia-Ying & Wang, Ming-Chun, 2020. "Retail investor attention and herding behavior," Journal of Empirical Finance, Elsevier, vol. 59(C), pages 109-132.
    8. Choi, Stephen J., 2000. "Regulating Investors Not Issuers: A Market Based Proposal," Berkeley Olin Program in Law & Economics, Working Paper Series qt36h9c7gq, Berkeley Olin Program in Law & Economics.
    9. Lucian A. Bebchuk & Zvika Neeman, 2010. "Investor Protection and Interest Group Politics," NBER Chapters, in: Corporate Governance, National Bureau of Economic Research, Inc.
    10. Stephen J. Choi, 2011. "Motions for Lead Plaintiff in Securities Class Actions," The Journal of Legal Studies, University of Chicago Press, vol. 40(1), pages 205-244.
    11. Liu, Zhuang & Wong, T.J. & Yi, Yang & Zhang, Tianyu, 2022. "Authoritarian transparency: China's missing cases in court disclosure," Journal of Comparative Economics, Elsevier, vol. 50(1), pages 221-239.
    12. Crutchley, Claire E. & Minnick, Kristina & Schorno, Patrick J., 2015. "When governance fails: Naming directors in class action lawsuits," Journal of Corporate Finance, Elsevier, vol. 35(C), pages 81-96.
    13. Justin Hopkins, 2018. "Do Securities Class Actions Deter Misreporting?," Contemporary Accounting Research, John Wiley & Sons, vol. 35(4), pages 2030-2057, December.
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