A Research On Legal Application Of False Statement In Tort Liability

The component of the tort liability of false statement should include following aspects:(1)The perpetrator has a false statement;(2)It meets the requirements of the principle of the corresponding subject;(3)The existence of the facts of harm;(4)The existence of the casual relationship.These four elements are the core of the tort liability of false statement and are also the key to define the responsibility.This thesis takes the stock market as the context and takes the tort liability as the breakthrough.With the difficulty and dispute in the legal application of the tort liability,this thesis probes into the essence and the standard of the tort liability of false statement in the stock market,in order to provide guidelines to the interpretation and perfection of the tort liability of false statement.The introduction explains the motivation and significance of this thesis.On the basis of a general review of the research of domestic and abroad,the author puts forward the necessity of studying false statement with stock market as the starting point and the tort liability as the breakthrough.Chapter one is the certification of false statement in tort liability.It starts from the perspective of the affirmation of act,claims that the judicial opinions and legal provisions should be distinguished and unified:in the definition of false statement,unified standards are the preconditions for the affirmation of false statement.The behaviors that do not conform to the unified standards certainly is not false statement.The behaviors that conform to the unified standards may,though not necessarily,be false statement.Only the act conform to the unified standards and the typed standards can be regarded as false statement.The commonality of the four specific acts of false statement is greatness feature and openness feature.As for the typed standards,this thesis discusses four specific forms,false records,misleading statements,material omissions and improper disclosures.In false records,this thesis,on the basis of grasping the characteristics of the information,puts forward the way of judging the trichotomy of "authenticity".The analysis of misleading statements puts forward the method of judging the four elements under the premise of clarifying the specific types of misleading statements.As for the material omissions,by summarizing and analyzing the existing academic point of view,this thesis also puts forward four criteria to determine the elements.As for improper disclosures,the standard of improper disclosure is discussed from the perspective of timeliness and statutory form.Chapter two is to resolve the confliction between the Law of the People's Republic ofChina on Securities and Certain Provisions of the Supreme People's Court on Trial of Civil Compensation Cases Arising from False Statement in Securities Market,and to arouse the concern and understanding of false statement.By analyzing the experience outside the territory,the principle of false statement does not require the sponsors to make sure whether there is any fault.The controlling shareholder and actual controller must prove that they have no fault in order to avoid their liability for infringement.In this case,the"Securities Law" should be applied to adopt the principle of wrongly presuming liability.The direct responsible persons of the issuer and the listed company should be included in the compensation subject.If the direct responsible person of the issuer or the listed company fails to prove that there is no fault on the part of the issuer or the listed company,it shall bear the tort liability of false statement.The direct responsible person of a professional agency should prove that there is no fault,that is,bear the liability or alternative liability.It is suggested that the other parties who bear the responsibility of making false statements often appear frequently in practice,and should clearly set out their liability and the principle of liability.Chapter three is about the causal relationship of false statement.It is a question about how to establish a bridge between false statement and the compensation for damages.Should we learn from the United States of America or Germany to establish the causal relationship?By studying the two doctrines of reasonable anticipation and direct consequence,we compare the intentional infringement with negligent infringement,and put forward the method of distinguishing between intentionality and negligence,and divide the burden of proof between plaintiff and defendant.Chapter four is the determination of the damages of false statements,the thesis claims that when determining the scope of civil compensation,indirect costs such as legal fees and transportation expenses should be taken into account,and the fees incurred by the plaintiff based on trust should also be included.In addition,the dissertation summarizes the theoretical research on the apology applied in the field of tort liability,and believes that the civil damages can be summarized in the regulatory experience.When determining the scope of civil compensation,we should also consider the system risk,excluding system losses caused by the risk.As for the Identification of system risk,we must also refer to a variety of indicators.The conclusion part is based on the previous analysis and summarize the views of this article.