Study On Civil Liability Of Joint Tort On Securities Fraud In China

In today's sock market, securities infringement of rights often occurs which is expressed mostly joint infringement of rights by forms of infringement of rights. Although the principle stipulations on joint infringement of rights have been made in General Principles of the Civil Law of the People's Republic of China, and the Supreme People's Court judical interpretation also involves the problems that take instigating or helping other people to implement infringement of rights as joint responsibility, the practical research on the civil liability for securities fraud infringement of rights is very few. However, joint infringement of rights happening in our stock market can be found everywhere: insider dealing, operating the market and false statement. We have to admit that securities fraud joint infringement of rights always accompanies the stock market.In this paper, the writer closely revolves three kinds of shapes to carry on the elaboration, taking the research on civil liability for infringement of rights in securities fraud in china as a topic, and taking securities fraud as the center. Then the writer carries on the inspection to the stipulations on joint infringement of rights in present legislation. Meanwhile, comparing with overseas, the author finds these stipulations are subject to correction, thus the writer proposes her own viewpoint. The author adopts the elaboration pattern which advances gradually and the content coordinate with one another.In the first chapter, the author analyses the forms of securities fraud which includes objective form and subjective form in our stock market, which carries a foreshadowing for the later word.In the second chapter, the author introduces and comments the present stipulations on securities fraud joint infringement in present legislation. Many insufficiencies are found and the reasons are analyzed thoroughly .In the first section, the insufficiencies of the civil liability are introduced: first, there is no full stipulation on securities fraud infringement of rights. There have been...