Definition Of The Civil Liability In The Security Transaction--From The Angle Of The Right Of Securities

The creation of securities is because the general provisions on creditor rights and property equities in the civil law can't deal with the rights which are often in the state of movement. Therefore rights are recorded on the security in order to record the value of properties on the paper in the form of the security system, the security in nature is a kind of independent and freely negotiable property rightsWith the development of the securities, the securities becomes a kind of independent and freely negotiable property right that refers to corporeal property as well as creditors rights, shareholder equity or intellectual property rights ect. The nature of securities is the right, which serves as the foundation of the paper and also as the basis and premise of the security study.The nature of security is the right, this kind of right always appears in the form of actual security system or conceptual security system, This special right is called security system right. The right of security distinguishes from the general civil rights and it should be protected by special laws, which presupposes the civil liability system of the security transaction. Structure of the right of security system right, the content of security system rights, the object of security system rights and the oppsite obligor of security system rights. The definition of the construction of security rights is the base of the establishment of the civil liability in the security transaction. The premise of the definition for civil liability of transaction in securities is the definition for construction of security system right. The definition of the types of security is the classification concerned with the civil liability in the security transaction. The security transaction refers to the activities in which to be bought and sold or to be transferred security system on thesecurities market. The principle in the security transaction is publicity, justice and equity. The dealing of securities is of benefit. The two aspects mentioned above are the elements which deserve the consideration in the definition of the civil liability of the security transaction. That is, the definition of the civil liability for the security transaction should safeguard the public, just, and equity principle in security dealings.The civil liability of security system is a kind of legal consquenle which the subject of right of security system should assume because of violation of the other subject of right of security system, civil liability is composed of two parts: liability for breach contract and liability for tort. Civil liability of transaction in security is liability for tort. The constitutive requirement of civil liability of transaction in securities. Usually consist of four parts: act for tort , fact of damnification, error, causal relationship. The definition of the civil liability in the security transaction is connected with the problems whether there are people who present an action or compensation ,and whether the action and compensation should be made. The problem whether there are people who present an action deals with the party of the compensation plea with regard to the civil liability of the security transaction. The problem whether the action and compensation should be made concerns the applied conditions in which the compensation system of the civil liability in the security transaction.So,the definition for the category of civil liability of transaction in securities include four parts: the definition of principal part in the security trans act ion;the definition of causal relationship which happens between act of tort and the fact of damnification;!he definition of the style civil Liability in the security transaction and the definition of error. Compared with ordinary liability for tort, the act of trot among civil liability of transaction in securities have some special characteristics, such as, the large quantity of casualty, large illegal earnings, the great technical of illegal action and violation of legal almost in profe...