Research On Several Problems Of Civil Responsibility Of Security Fraud

A0s the product of social economic life and politics and laws and other superstructures, which develop into the certain stage, the civil responsibility plays a great role in social life. Generally thinking civil law relation is the most important social relation in the society of human beings and it is related to the existing and development of any human being, legal person and other organizations in social life. The civil law relation consists of civil right, civil obligation and civil responsibility, among these civil right and obligation are the content of law relation and the civil responsibility is the law guarantee realizing civil right and obligation, and only civil right and obligation combines with civil responsibility, civil right is guaranteed by relation of responsibility. What is called " there is no relief, there is no right" and "relief goes ahead of right", and as the last relieving method of civil right when it is encroached the appealing right accompanied by civil responsibility plays an important guarantee role for the realization of civil right. And civil responsibility system stands an important position in the whole private law system.As a branch of private law system and special law of civil law the relation of right and obligation of agent concerned of security law and the result and other problems of civil law comply with the general principle of civil law, but because of the particularity of security market the security law has different object and the civil responsibility system of security law has its special value orient. But actually there are a lot of administrative sanctions in the security market of our country and the criminal sanctions are not less and the realization of civil compensation system is very hard. With efforts from all aspects and the change of court from not accepting security civil compensation case to conditionally accepting it has promotedsome civil compensation-claiming disputes into civil justice process.From the angle of fraud and pirate responsibility the thesis mainly discusses the difference between security fraud and civil fraud to research the problem how to protect stockholders' rights when they are encroached.The thesis consists of preface, basic knowledge of theory of civil responsibility of security fraud, legislations of every country of civil responsibility of security fraud system, present status of our country of civil responsibility of security fraud system, realization of civil responsibility of security fraud system and conclusion.The first part mainly introduces the basic knowledge of theory of civil responsibility of security fraud system and it begins with civil fraud to introduce the concept of security fraud and the difference between security fraud and civil fraud and types of civil responsibility and the character of civil responsibility of security fraud, and on the other hand it begins with the theory of civil responsibility of pirate to introduce the structure of civil responsibility of security fraud.The second part mainly introduces the brief introduction to civil responsibility of security fraud of foreign countries and Taiwan area.The third part mainly expounds the present status of security fraud of our country and the present status of civil responsibility of security fraud of our country.The forth part discusses the mode suitable for our country according the basic theory of civil responsibility of security fraud and present status of our country combining the legislations of foreign countries and Taiwan.