Study Of Securities False Statement Of Legal Issues

This thesis is mainly on the legal problems for misrepresentation on the securities market.In preface, the author introduces the importance of securities market, and points out the necessity of manipulating the misrepresentation on the securities market.The following contents are divided into three parts. In the first part, the author introduces the fundamental legal problems for misrepresentation on the securities market. There are five problems in this part. The first problem is the history of misrepresentation on the securities market; the second problem is the concept of misrepresentation on the securities market; the third problem is the categories of the misrepresentation on the securities market, the author classified it according to subject of misrepresentation. stage of information disclose. natures of misrepresentation, contents of misrepresentation, different objects information is disclosed to and the performance of misrepresentation; the fourth problem is the reason to manipulate the misrepresentation on the securities market; and the last problem is the categories of legal sanction for misrepresentation on the securities market.hi the second part, the author introduces the civil liability for misrepresentation on the securities market. First, the author talks about the significance of erecting the civil liability; secondarily, the author talks about the subjects of misrepresentation on the securities market; thirdly, the author talks about four doctrines of misrepresentation liability, they are contractual liability, contractual fault liability, liability on tort and stipulated liability, and the liability on tort is the most reasonable one. As to the constitutive requirements of civil liability, the author thinks they are doctrine of liability fixation, subject to undertake misrepresentation, harmful consequence, cautionary relation. As to the doctrine of liability fixation the author thinks that we should build two different standards consequently, they are the doctrine of objective fault and the doctrine of no - fault liability. As to the subjects of misrepresentation on the securities market, the author thinks that there are four kinds of people to undertake themisrepresentation. As to the loss' confirming, the author introduces the evaluation of transactional price. As to the cautionary relation, the author maintains that it should be classified into cautionary relation on transaction and cautionary relation on loss, and the former was the knot on the question of cautionary relation on civil liability of misrepresentation on the securities market, and we should learn from the relative institute of America, build the institute according to the Chinese condition.In the third part, the author introduces the measures provided for by law and the ways to perfect these measures. The author firstly introduces the subjects who have the right to persecute the misrepresentation on securities market, then the author introduces the procedure-carried out ahead and talks about the necessity of erecting this procedure. In the following the author talks about the problems in the judicial practice .In the end, the author talks about the ways how to perfect these measures, there are four suggestions given by the author: one is to confirm the group action, the other is to draw lessons from American risk action, the third one is to erect special conciliation agency, and the last one is to found the compensatory fund on the securities market.