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Prohibited Securities Fraud Legal Issues

Posted on:2002-01-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y XingFull Text:PDF
GTID:1116360032456297Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Securities Fraud damages the lawful rights and interests of investors as well as public interests. Every country stipulated laws and regulations to prohibit securities fraud. Prevention securities fraud lies in two aspects. The one hand is to strengthen the regulation of the participators, such as the issuers, the securities firms, the securities trading service organizations and the securities registration and clearing institutions, ensuring the securities issuing and trading by the 搕angible hand 搊f the regulating agencies . The other hand is to consummate the securities fraud civil liability systems, to make the investor be available to get relief, and deter the fraud activities. The dissertation consists of four chapters besides. In chapter 1, the author analyze the basic legal issues of the securities fraud , including the definition and the characteristic of the securities. The securities fraud is different with the civil fraud essentially, so the author focuses on the difference between them. Then the author discussed the styles of securities fraud, after exploring the significance of classification of securities fraud styles and pointing out several means to classify, the author indicated that securities fraud should be put into four styles: insider dealing, market manipulation, cheating clients and misrepresentation. In chapter 2, the author recommended the status quo of lawmaking about prevention of securities fraud in US, UK, Russian and Taiwan. After introducing the Chinese legislation of the prevention of securities fraud completely and comparing it with other countries legislation, the author focuses on commenting the Chinese lawmaking status. Chapter 3 is concerned with insider dealing. After probes into the definition and the characteristic of insider dealing, the dissertation introduces the status of lawmaking in US, UK, Russian, Germany and Taiwan, emphasizing the Chinese law. The constitution of insider dealing is the focalpoint of this dissertation. The author probes into the legal issues about insider, insider information, the styles of insider dealing and the principle of confirmation the insider抯 responsibility. Short swing trading also be discussed here. At last, the author analyzes the insider dealing phenomenon in China. Chapter 4 is concerned with market manipulation. On the base of making clear the definition and the characteristic of market manipulation, the author discusses the difference between market manipulation and misrepresentation, market manipulation and rightful speculation, market manipulation and stabilizing problem, market manipulation and corporation repurchases, market manipulation and corporation take-over. The dissertation focuses on the constitution of market manipulation and some styles of market manipulation, such as wash sale, matched orders, manipulation by actual purchases, demagoguery, pool operation, etc. .At last, the author analyzes the market manipulation phenomenon in China. Chapter 5 is concerned with misrepresentation. The author probes into the definition and the legal nature of misrepresentation. misstatement, misleading representation and omitting representation are the main styles of misrepresentation, their meanings and cognizance are discussed here. Mute, wrong forward-looking information and updating are different from misrepresentation. The author also analyzes the main body of misrepresentation, the two criterion of misrepresentation and subject important document. At last, the author analyzes the misr...
Keywords/Search Tags:Prohibited
PDF Full Text Request
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