On The Constitutive Requirements Of The Civil Liability For The Expert's False Statement In Security Market

With the development of the socialist market economy, the security market of China has made a lot of achievements. However, the laws related to the security market are not perfect and lead to some problems existing in the security market, particularly the lack of rules to restrict the experts in security market. In the civil law, the experts refer to those professionals who have professional knowledge or skills and attain the permission to practice or certificate and take providing the professional service for clients as their occupations. Compared with the mass who have legal relationship with them, these experts are superior. Owing to the specific characteristics, the expert's liability has been concerned about in all walks of the society in recent years. In this thesis, the author focuses on the constitutive requirements of the civil liability for the expert's false statement and makes a detailed analysis on the expert's civil liability.The thesis is divided into four sections. In the first section, the author introduces the expert and the activities of the expert. Then he introduces some major theories on the nature of the expert's civil liability abroad, such as the theory of contract liability, the theory of tort liability and the theory of legal liability. By means of the comparative analysis of the three theories, the author thinks that the contract liability is not beneficial to protecting the rights and interests of investors completely owing to its own limitations of relativity. The theoretical basis for the relief by means of the tort law conforms to the jurisprudence better. It conforms to the basis of claim for tort to define the expert's liability as the liability for tort. The tort liability provides a pattern of legal relief for the false statement that can be applied in tow markets. It complies with the requirements for the integrity of civil liability.In the second section, the author introduces the doctrine of liability fixation for the expert's...