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The Definition Of "Securities" In Securities Law

Posted on:2016-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:C C HuangFull Text:PDF
GTID:2206330479486308Subject:Law
Abstract/Summary:PDF Full Text Request
Alongside the rapid development of the China economy since 1990 s, activities in the financing market has becoming more and more complicated and financial instruments have been changing rapidly as well. As an important law for safeguarding the social order and public interests, Security Law has been performing its functions in specifying bond activities and protecting the legal interests of investors, which has played a very important role in the development of socialist market economy.The aim of this paper is to define the term Security in Securities Law and clarify the adjustment objective so as to provide further accordance for the scope of application hereof.And it is outlined in three parts as follows:The first part focuses on analyzing characters of Security respectively from the aspects of Civil Law and Securities Law. The former discriminates the Security in Civil Law from three points of Written Instruments, Recorded Specific Civil Rights and Civil Rights Recorded by Representative and the latter defines the Security in Securities Law the aspects of the Type of Securities and the Six Characters thereof.The second part is started with the three revisions of the Security Law namely in 1998, 2005 and 2013, of which concept scope had expanded. But due to the active and rapid development of the current securities market, the definition of Security in China is still defective.And in the third part, the background for development of securities in China is firstly introduced with reference of definitions of the Security in America, German and Taiwan and the expansion of the concept of Security is suggested. Meanwhile, countermeasures such as adoption of general concept and methods for determining substantial securities are also presented.The final is the summary of and reflection on this paper on the end.The reference documentation is those books and materials which have been referred to.
Keywords/Search Tags:Securities Law, Security, Share, Transaction, Investment, Contract
PDF Full Text Request
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