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On The Civil Liability Of Insider Trading

Posted on:2002-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y NieFull Text:PDF
GTID:2156360032453533Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The insider trading connects with the securities market closely. Now, the insider trading is an important problem that the securities markets in the world should face, including our country. Our government always opposes the insider trading, but the suits about the insider trading are very seldom. The reason is that the securities law is not especial the civil liability of the insider trading. The thesis maitains that we should give the victims the civil suit remedy. In that way, we can protect the investors?right, strengthen the investors?confidence, promote the securities market stability. The thesis defines the insider trading from four sides: insider information, insider, act condition, subjective factors of the insider. The difinition is the basis of the civil liability. Then the thesis discusses the chracteristic of the insider trading in our country. The writer also discusses the characteristic of the civil liability of the insider trading, establishes the liabilty for tort that the victims exercise the right of the civil suit and the principle of presumption of fault. The thesis analyzes the essential condition of the insider trading civil liabilty from four sides: illegal action, prejudicial act, casual relationship, subjective negligence. Discussing the presentation situation, problems, reasons of the civil liabilty, using the foeign countries?law for refrence , the thesis suggest the measures that perfect the civil liabilty of the insider trading . At first, we should define the iunsider tading again; then the writer designs the system of civil suit for insider trading; at last, we should hold the priority principle of the civil remedy.
Keywords/Search Tags:insider trading, civil liabilty, suit system
PDF Full Text Request
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