The Construction Of The Civil Liability Of Misrepresentation In Securities Market

Misrepresentation under Security Law directly breaches the Mandatory Disclosure System that was regarded as the core system of modern security markets.This thesis is on the Point to bring forward improvable assumptions and methods to the civil liability in the field of security misrepresentation.Chapter 1 described the basic concepts and theory of misrepresentation.Chapter 2 was about the causation.Inversion of persuasion burden is a Characteristic in the cases of misrepresentation.The thesis proposed what legislation pattern should be adopted our country from two aspects of fact and legal.Chapter 3 argued on the criteria of liability,the sharing and exemption of liability upon these liability subjects,such as security publishers,security underwriters and sponsors,senior executives,intermediary agencies and actual controllers. Chapter 4 discussed we should establish the calculating method of damages according as the characteristics of risk in our securities market.Chapter 5 discussed assumptions of some unsolved problems in lawsuit proceedings,also was the key innovation in this thesis.It is discussed mainly form the following 3 ways,they were the preceding procedure,the feasibility of adopting the group action,and also the non-action ways.