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Research About Civil Compensation Of Misrepresentation

Posted on:2005-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:G J WanFull Text:PDF
GTID:2156360152966528Subject:Law
Abstract/Summary:PDF Full Text Request
The responsibility for the civil compensation of misrepresentation and its realization mechanism has already been established in our country. The article mainly discuss the principle issues in the civil compensation of misrepresentation, which are misrepresentation , the prepositive procedure, the litigation modality, the causation , the bound of compensation etc. He also points out that every misrepresentation will affect the investors' right estimation about the invest behaviors. Both of them should ever be interdicted. The author thinks that, in the judicial practice, the securities investor and plaintiff of civil compensation of misrepresentation do not equate. Currently there are even some obstacles to realize the prosecutors' qualifications, represented as the securities invest funds. And although the pre-set procedure in the wash statement civil compensations its comparable reasonable under the actual judicial environment, from the long term, it should be cancelled due to its numerous conflicts with the acting legal systems.The civil lawsuit methods of wash statement civil compensations decide the lawsuit economy and the lawsuit aim realization, as an alternative system, our national representative lawsuit system can be perfected by absorbing and learning the overseas delegation lawsuit system. To assure the cause-and-effect is the core of wash statement civil compensations and directly works on the compensation spectrum and the calculating methods. The legal interpretation can notlogically confine the cause-and-effect, which should be improved. The author also thinks that the reasonable responsibilities-charged principles are the logical premise oT the civil compensation, to distinguish the issuer and the other principals, and to confine the non-fault responsibilities and the fault responsibilities emblems equality and efficiency. And the specialized agents should assume the legal responsibilities of the information published.
Keywords/Search Tags:misrepresentation, civil compensation, pre-set procedure, causation
PDF Full Text Request
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