Font Size: a A A

Research On Civil Liability Of Security

Posted on:2003-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y GuoFull Text:PDF
GTID:2156360092481478Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Civil liability of security means civil liabilities such as compensation for damage etc, which should be beard by the party participates in securities acts, who violates the relevant provisions of laws and regulations of security or the agreements between the parties and causes losses of investors.The prosperity and development of securities market largely depend on maintenance of investors' confidence to securities market, which requires holding back illegal acts and protecting investors' lawful rights and interests. Where investors' rights and interests are damaged and can not relieved through legal proceedings, investors' confidence will not be maintained. It is civil liability that investors are concerned about although there are many kinds of legal liabilities such as criminal liability and administrative liability. The reason is that only civil liability can compensate the losses of investors. Deficiency of civil liability in Securities Law of PRC is evident, and judicial practice of civil litigation of security is also at the beginning. I hope this article will be conducive to perfecting the system of civil liability of security.This article falls into four chapters. Chapter One is the fore-words, in which I advocate civil liability of security includes securities liability for breach of contract and securities liability for tort. Chapter Two is securities liability for tort, in which I analyse and study civil liability for typical tortious acts, such as false statement, insider trading, manipulation of securities market and fraud on clients. In Chapter Three, I introduce contract for securities investment consultancy, securities brokerage contract and securities sale contract, and make preliminary investigations on doctrine of liability fixation and important constructive conditions etc. In Chapter Four, I make a research on the fulfillment system of civil liability of security through civil litigation, and make a suggestion that China should introduce class action system from USA.Comparative study method is adopted in this article. Relevant provisions of USA and Hong Kong are chose as the objects of comparative study. China should draw on the more experiences of them.STUDENT: Guozhiyu (Civil and Commercial law) Directed by: Professor Shenyujun...
Keywords/Search Tags:civil liability of security, liability for breach of contract, tort liability, class action
PDF Full Text Request
Related items