A Constitutional Study On The Misrepresentation Related To The Issues Of Compensation For The Litigants

Misrepresentation on the stock market is the most common violations, and its specific manifestations, including false records, misleading statements, a significant omission, improper disclosure. Misrepresentation act occurs; the impact will be the stock market is not the specific interests of the majority. Well, most of these are not a particular people, who can become a plaintiff in the litigation, but also how it should be a reasonable determination of the defendant in the proceedings, it is this paper to answer questions. In addition, the impact of Misrepresentation is not a particular majority, therefore, to resolve such disputes usually by groups of countries in the world litigation. This paper also particular study the misrepresentation in compensation proceedings in the litigation representative and being representative of the relevant issuesThis paper is divided into four parts of the misrepresentation related to the issue of compensation for the litigants are discussed:The first part of the main elements: Misrepresentation act to define the concept and nature of the conduct of such a direct bearing on defining the scope of litigants to determine. Based on this analysis of the characteristics of a misrepresentation of compensation litigants, including: litigants have a significant mass, usually in groups of litigation to resolve disputes; litigants the power imbalance in the parties; litigant's complex structure.The second part of the main elements: misrepresentation on the adequacy of the compensation proceedings the plaintiff to discuss issues of Georgia and to make the plaintiff to determine appropriate grid elements include: the plaintiff's identity requirements; the reality of the plaintiff transactions; plaintiff transaction time requirements. Further explored in the judicial practice, to determine appropriate grid problems faced by the plaintiff: Personal account of stock trading using other people's problems; corporate stock trading accounts on behalf of others problems.The third part of the main elements: misrepresentation on the adequacy of the compensation proceedings the plaintiff to discuss issues of Georgia, first of all based on the relevant legislation to determine the defendant to the extent possible include: statutory information disclosure obligations of the main; legal assistance or supervision of information disclosure obligations of the main body of the main ; the actual manipulation of responsibility or supervision of disclosure of information and assistance to the disclosure obligations of legal entities of the units and individuals; violation of the relevant provisions prohibiting false statements of subjects. Then analyzed to determine appropriate grid elements of the defendant: The defendant is required to implement the misrepresentation; misrepresentation of information is "significant"; defendants misrepresentation by the relevant organs of administrative punishment or criminal penalties. Finally, the judicial practice, to determine appropriate grid problems faced by the defendant to explore: as the defendant's legal termination of its legal personality; common form of infringement proceedings under the status of joint and several liabilities of people.The forth part of the main elements: a misrepresentation of compensation due to the typical way is a group action litigation, this section is devoted to study the representative of representative litigation related issues, including: litigation representative of the appropriate grid; litigation representative of the generation mechanism; litigation representative of the authority; be representative of the scope of the identification and expansion of res judicatorA; be representative of the withdrawal mechanism.