The Civil Responsibility Of Deceitful Statement In Stock Certificate

This text regards the behavior of deceitful statement in stock certificate as the research object. With infringement duty system as the main line and according to actual circumstance of stock market in our country, the text makes a thorough research in basic theories of policies of deceitful statement in stock certificate civil case. The first part is discussing the basic theories of Stock certificate civil case duty system. First is the discussion about the process of the establishment of stock certificate civil case duty. This process is a miniature to the development of Chinese stock market over last 20 years, and it is also the turns and twists process for small investors to support their rights. From here we can see, most investors that support the rights consciousness became to investigate the law in advance. Meanwhile, the stock certificate civil case law system develops continuously with perfect, which acts in cooperation this kind of craves for the needs of those investors. The next in order, combined with the actual circumstance of Chinese stock market, the text compares the different function and roles of Administration, pertaining to crime duty and civil case duty in the sanctions process. Administration and pertaining to crime duty belong to the public laws category. Although the crime numerator can be punished, the damage of the investor cannot be given relief with compensate like those in civil case duty. The stock certificate civil case duty system is the foundation. If the large investor produced the doubt to the trustworthiness of the stock market, then the stock market will can't exist. By studying other successful stock market experience, the function of stock certificate civil case in court in stock market has been recognized much powerful than that of the administration takes. Finally, the important function of stock certificate civil case duty system has been discussed. There are two functions primarily: one is to insure the duty to implement the compensatory duty; the other is to set up the stock market trustworthiness.The second part is about some basic theories of the deceitful statement. First, the definition of deceitful statement has been given in this part. Secondly, the text discusses the category of deceitful statement. According to the latest explain given by the Supreme People's Court, the action to publish falsely the behavior has been increased. Finally, it discusses how to affirm the deceitful statement behavior. Deceitful statement does not only mean to publish the information falsely, but also have the characteristic of information graveness.The third is to discuss the related theories. First, According to four corpuses in deceitful statement, there are undertaking duty principle, the fault principle, the outcome principle and fault principle. The next is to discuss effect relation. When the investors depend on the stock market information and their own investment decisions, but it illustrates there are some relations between the deceitful information and the investors' lost, we should adopt to predict outcome to have faith in principle. Then is to discuses the duty of offering proof in deceitful statement in stock certificate civil case. The stock certificate is deceitful to illustrate the civil case duty, which belongs to the special infringement duty. It is irresponsible to provide the proof for the publisher, stock certificate consignee, director, supervisors and manager etc. in some certain situation. Finally, it is about the combination of deceitful statement in stock certificate civil case.In conclusion, the text points out by putting forward to establish the related duty system and the fund system, we can guarantee the compensation to the civil case, and to develop the relief function in civil case.