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Research On Civil Responsibility Of Securities Fraud

Posted on:2004-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:W H TengFull Text:PDF
GTID:2156360122966202Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In China, legislations haven' t formed an integrated system of civil responsibility of securities fraud, and meanwhile, certain related theoretical researches are not able to solve the key difficulties of the compensation for damages , which were caused by securi ties fraud. Without scientific and feasible solution, our legal enforcement is definitelya weak point.With the fast development of our securities market, more and more troubles and confusions occur. Many investors, who have suffered not only the damage, but also even to the extent of bankruptcy, can' t get legal recoupment. And it is hard to monitor and restrict these securities fraud practices. In a long-term range, the prospect of our securities market becomes worrying. So it is imminent to establish and improve the system of civil responsibility of securities fraud.This text takes civi 1 responsibil ity of securities fraud as objective of study, and legislative and judicial experiences of other developed countries and regions as references. Combined with the present situation of domestic securities market, via the comparison and analysis of the systems of civil responsibility of anti-securities fraud between domestic and abroad, and through the classified study of five typical civil responsibilities of securities fraud practices, we have preciselydiscussed the fundamental theory and the key points of civil responsibility of securities fraud, concluded essential formations of civil responsibility of securities fraud, and in the end, it proposes the legislative orientation, principles for civil responsibility of securities fraud, as well as suggestions for system improvement.The f u 1 1 text has five chapters, and each brief point goes as fol lows: Chapter I Starting with the definition of securities fraud, it introduces fundamental theory of civil responsibility of securities fraud, including the comparisons between securities fraud and the common civil fraud, the origin of securities fraud, the nature of civil responsibility of securities fraud, the functional and economic analysis of civil responsibility of securities fraud etc.Chapter II It summarizes legislation of civil responsibility of anti-securities fraud of other countries, and comparatively analyses thestatus and cause on our country.Chapter III It goes further into relevant principles and practical problems governing five typical civil responsibilities of securities fraud practices: deceptive issuing, cheating consumers, insider trading, market manipulation, and false statement.Chapter IV On a basis of comparative and classified analysis, it concludes essential formations of civil responsibility of securities fraud: conduct, damage, causality, fault and the principle that how to lay the blame on the right shoulder's.Chapter V Based on the discussion on the significance of improving our system of civi 1 responsibility of securities fraud, it proposes some legislative orientation, legislative principles and suggestions for system improvement.
Keywords/Search Tags:Civil responsibility of securities fraud, Fundamental theory, Comparative research, Classified research, Responsibility composition, System improvement
PDF Full Text Request
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