Research on Procedural Prerequisite of Civil Tort Action of Securities

This article analyzes the reasons why the supreme court establishes procedural prerequisite, and argues that the real reason is to ease courts' burden by reducing the number of cases. This article points out that there are three problems that the procedural prerequisite will produce: 1. most false statement cases are refused to be taken on a case in the court; 2. Even if the false statement case is received, it is most likely to terminate the action; 3. the effect of administrative penalty written dicision in civil tort action will cause controvercy, and suggests that the supreme court should abolish the procedural prerequisite as soon as possible.