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False Statements Civil Legal Compensation Study

Posted on:2011-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2206330335982592Subject:Law
Abstract/Summary:PDF Full Text Request
Securities law civil liability in false statement behavior is the most typical, the most representative system, securities false statement civil responsibility establishment, is conducive to ensuring the interests of investors, prevention and curb irregularities and strengthen market oversight, etc. Securities false statements form involving false type false statement or omission of false statements, mislead type false statement, error prediction. The false statement civil responsibility mainly for tort liability, with fault, causal relationships, damage facts as requirement. In addition, we should establish the corresponding action mechanism.Securities market false statement is securities issuance market and trading market, and related fields related subject or the contravener disclosed and securities issuance and trading and related activities to the relevant information significant sexual false and misleading, omission or inappropriate disclosure, cause investors without knowing the facts circumstances involved in securities investment or trading activities. False statements as a kind of special tort, infringe upon the rights of investors, leading investors economic loss, so need by offender assume tort civil liability. On January 9,2003, the supreme people's court issued on the trial of securities market for misrepresentation civil damages cases of the several provisions of the Supreme Court (hereinafter referred to as the judicial interpretation for false statement civil damages cases in some substantive issues and procedures for the judicial interpretation. Based on this judicial interpretation on the false statement civil compensation liabilities and. discussed.Perfecting the listed company false statement civil liability to pay compensation is to ensure that the Chinese capital market's healthy and orderly operation the urgent demand of the listed company, the false information statement essentially a listed company violates the obligation of good faith performance, it refers to the listed company or related interest strong subject in violation of applicable laws and regulations, the information disclosure obligation in submitted or published information disclosure documents made false or misleading or contains significant omissions serious statement or records, thus hurting investors, creditors interests and disturbs the normal order of the securities market of a kind of illegal behavior.
Keywords/Search Tags:The listed company, the false information presentation, civil liability for compensation
PDF Full Text Request
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