The Civil Compensation Responsibility Of The Securities Is Studied

This text amounts to 13,5 chapters, have described the general theory of the civil liability of the securities, belong to the responsibility principle, defect and completion in lawsuit form, compensation number computing technology and current compensation system asked for and is compensated for.Chapter one expounded the concept and characteristic of the securities, securities civil compensation responsibility, have described the concept and kind of the civil illegal activities of the securities.Chapter two expounded the fact the nature of the civil liability of the securities is the liability for tort, has classified the civil compensation responsibility subject of the securities, discuss their own regular principles in detail, different responsibility subjects, have no responsibility principle of fault, fault to infer the responsibility principle and fault responsibility principle to differentiate suitably.Chapter three described the kind of the lawsuit form of the civil compensation case of the securities and relevant regulations of our country, compare colony lawsuit form of foreign countries to study, explain U.S.A. , Japan, of our country Taiwan and colony lawsuit form and representative lawsuit system of our country of Germany distinguish, has introduced the lawsuit form in the civil action of securities of our country, and in the case of infringing of the securities clearly, adopt the representative confirmed of number of the representative's lawsuit lawsuit.Chapter four described the particularity of case compensation for damage of the securities, has introduced six kinds of main ways of calculating in the theory and judicial practice at present, and to to assert and calculate the way not to go on detailed analysis and comments loss of our country judicial explanation correctly.Chapter five recommended Securities Law of our country to standardize theprovision on civil compensation of the securities in the system systematically, have analysed and pointed out the deficiency and defect of the system of current compensation, and from value at the orientation, entity at the technology, lawsuit way and at the procedure and law source according to first-class 4, have put forward the suggestion how to improve to "regulation" that the Supreme Judicial Court issued on January 9 , 2003.