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A Study On The False Statement's Civil Liability Of The Listed Company

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:K NiuFull Text:PDF
GTID:2166360215960504Subject:Law
Abstract/Summary:PDF Full Text Request
False statements trom reports of some listed companies appear repeatedly, which is because regulations about false statement's civil liability in Security Law are too abstract and short of operation.This article aims at making a deep study on the confirmation of the reason and seriousness of false statemet, legal principle basis of civil compensation responsibility, responsibility subject andFirstly,Reasons why they make false statements can be stated here: 1) They chenat the qualification to be listed. And qualification of quota stock.2)They can control stock price.3) Control of stock jorice.4) We lack balance mechanism in our stock market. There are two confirming criterions about the seriousness of false statement:one is the criterion of rational person ;the other is the extent to which talse statement is enough to urge.Secondly,There are theories about the nature confirmation on civil liability such as those of contract liability, infringement act responsibility and independent responsibility. The austor thinks that this can be identified as infringement act responsibility. Then this article discuss its four composing elements (a violation of law ,mistake,causality,fact of damage.) The author points out four functions of false statement's civil liability: 1) compensation function making up for damage.2) deterrence and precautionary function to prevent law-violation 3) function assisting law execution and managing market benefits.4) function of perfecting supervision system...Thirdly The author points out that subject of civil liability includes four kinds of people: distributor and sponsor,director and supervisors tsking responsibility in listed company , stock company and intermediary firm producing false evidence material.Fourthly false statements from some listed companies is estate this systoms.This thesis has pointed out that our country security cheat liability system has many defaults. Analysis from three aspects : At the aspect of make laws, be dead against the compsses system method not science in the problem stipulates court of justice. The compasses system measure of false relating to civil lawduty of statement of our country has been put forward in this text. Such as make of coroporatlon rule, make of social culture,well done of company works, deeply of manage, estate civilliability compensation system.
Keywords/Search Tags:corporation, false statement, civil liability
PDF Full Text Request
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