Improvement On The Civil Liability System Of Insider Trading In China

The civil liability rules of insider trading in present law of China are general and short of maneuverability. The deficiency of legislation, the complexity of securities business and the shortage of justice result in a faulty civil liability system of insider trading in China. But a perfect civil liability system of insider trading can help to advance the development of our security law and safeguard our securities business running healthily. Thus, we need to improve the civil liability system of insider trading. The dissertation will emphasize on answering two main issues, which are that why we need to improve the civil liability system of insider trading and how to improve the civil liability system of insider trading. On the basis of this skeleton, the dissertation is divided into five chapters besides the introduction and the conclusion.Chapter one analyzes the significance of improving the civil liability system of insider trading, and responds the issue that why we need to build and improve the civil liability system of insider trading. Chapter two brings forward the skeleton of improving the civil liability system of insider trading, and makes some advices. Chapter three, chapter four and chapter five respond the issue that how to improve the civil liability system of insider trading. Chapter three analyzes the rules of composing the civil liability of insider trading, and researches four compositional elements which are insider trading action, damage, causality and donkey act. Chapter four discusses the limit of the civil liability of insider trading, analyzes the count of compensates amount and choices the optimal damage compensates count method. Chapter five discusses the other rules of the civil liability system of insider trading, including the demur excuse, the contest of liabilities, onus probandi, the form of litigation and the realization of compensates.