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Research On The System Of Civil Liability Of Inside Trading

Posted on:2011-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y GuoFull Text:PDF
GTID:2166360305489861Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the China's increasing prosperity of securities trading, stock certificate inside story bargain, deceitful statement etc. causing from here cheats behavior more and more multifarious occurrence, in the stock certificate inside story after trading behavior occurrence, how carry on to the investor that suffers damage reasonable of remediable, how build up appropriate stock certificate civil case responsibility system to support a stock market fair, fair, public principle and protection investor rights.Although the our country stock certificate method definitely stipulated the inside story trades of civil case responsibility, the principle stipulates to generalize too much, there is no concrete operation rule, the legal rights of investor because of inside story trade the behavior is wanted by damage to acquire indemnification to still have an obstacle through a judicatory succour, need to be studied in the theory and the lawmaking is further perfect.This text is drawing lessons from research achievement and lawmaking of other national civil case responsibility system to practice experience, from the angle of civil case infringement, analyzed the protection to the investor legal rights, pursued some law problems of the inside story bargain behavior civil case responsibility, combined an actual circumstance to put forward the concrete counterplan and suggestion that the perfect our country inside story trades civil case responsibility system.In addition to preface and conclusion, this text divides four parts.The first part introduced basic concept and all countries that the stock certificate inside story trades and everyplace area for the lawmaking condition that the inside story trades, concerning affirming of inside story information main factor, analyze the harm and interdictory reason of inside story bargain behavior.The second part analyzed inside story to trade a basic theory and included the behavior pattern that the composing important item, inside story that the main theory, inside story of the property of inside story bargain civil case responsibility trades a civil case responsibility trades and return a responsibility principle, from the behavior, injure fact, cause and effect the relation and subjective fault is four composing important items that explained that the inside story trades a civil case responsibility.The third part introduction inside story in all countries trade the theory foundation and lawmaking fulfillment of civil case responsibility and analyze the United States and England Germany lawmaking to our country drawing lessons from of lawmaking and judicatory meaning.The fourth part discussed an our country stock certificate inside story bargain civil case responsibility system of perfect,outline our country rules and regulations inside story trade of lawmaking condition and our country lawmaking existence which blemishes, combine theory and time analytical stock certificate inside story trade indemnity system, including the litigation method of the litigation of the investor group litigation, shareholder representative, combine the mode that the inside story trades civil case in court to put forward perfect our country inside story trade civil case responsibility system of possibility research.
Keywords/Search Tags:Securities Stock, Insider Dealing, Civil Liability, Improve the System
PDF Full Text Request
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