The Research Of The Liability For Damages Of Misrepresentation Of Our Securities Market

The liability for damages of misrepresentation of our security market is gaining attention these days, and accumulated some practice either in textbooks or in legislation, for example, the new laws' to protect our securities market passing or the explanations of our Supreme Court to solve the concentrated problems of our securities market. The Supreme Court of China has made great progress toward anti-fraud effects. And some provisions were also made to stop the fraud of security market, especially the action of our new security law this time. Also there are laws both in civil and commercial laws' fields and criminal laws' fields to concede the misrepresentation in security market.In this article, the author wanted to introduce the relevant information of misrepresentation and show the attention of the author and finally to tell the readers the thoughts and construction in author's mind of how to concede the misrepresentation in security market. And some recent cases have shown a good trend of litigation. The article has a full description of "security fraud" and emphasized on some puzzling issues like "the causation of the fraud and damages", "the damages" and introduced those theories from the other countries' courts. Firstly, the article analyzed the legal nature of misrepresentation. Then it fully described the basic concepts and theory of misrepresentation and got the conclusion that this is a new type of tort.In the last part of this article, it finally described how to calculate the damages of misrepresentation in the security market and modify the old running model of our security market and then make it much more workable in author's opinion.To be more practically this thesis does not stay on old theory only, and focus on new theory and the every rule also is translated into a particular case. The writer has some particular research on some cases named " Hong Guang", " Da Qing Lian Yi" and so on. And in this article by law we have facts, and by facts we have law. Although the author has looked up for much information and books and thought much for writing this article, because of the lack of experience, there still are many disadvantages in this article. And the author hope that people may point out them and help the author to modify them, thank you all!...