Research On Civil Relief Mechanism Of Futures Company's Customer-Defrauding

Futures company's customer-defrauding is a primary kind of fraud behavior existing in the course of futures transactions which has serious harms, such as infringing upon investors' interests, triggering transaction risks, distorting the functions of futures market and cumbering market economy's healthy development, even effecting the harmoniousness of our society, thus we need the adjustment and regulation in law. But the existing rules and regulations on civil liability and mechanism of complementary relief of China are on the lower legal level and relatively blank. So at the epoch of futures market's new development, the study on the mechanism of civil relief relating to futures company's customer-defrauding is an important theoretical and practical issue.The paper is divided into four chapters, the main contents are as follows:The first chapter deals with the legal basis of the civil relief mechanism on futures company's customer-defrauding. After analyzing the basic legal relationship between futures company and clients, the writer generalizes the legal connotations of futures company's customer-defrauding in this context.The second chapter discusses the legal cognizance of the futures company's customer-defrauding which is the premise and foundation of the civil liability and civil relief mechanism. On the base of introducing the U.S.A's practice, the author has deeply analyzed the deficiency of our rules on cognizance and discussed the criterion and some specific problems of that.The third one focuses on the study of civil liability complained by clients. At the beginning of this chapter, there is the discussion of the futures brokers' civil liability involved. Later the writer has analyzed the legal problems confronted during the litigation course, including the causality, the range and amount of civil compensation and so on, with the hope of providing some new ideas to improve our civil liability mechanism.However, when futures company has got into the financial crisis and lost the capability of discharging, how to protect the profits of clients? Therefore, the main content of the forth chapter is about the mechanism of complementary relief which can be applicable in the special situation. Firstly from the angle of institutional economics, the author illuminates that the setup of this mechanism is necessary and reasonable, meanwhile indicates some endogenetic problems of it. At last, there are the review of our existing mechanism of complementary relief and some corresponding measure and advice.