Damage Of A False Statement In The Securities Act Of Compensation

Recently, lots of securities investors, who suffered from misrepresentation in thesecurity market, bring actions to protect their own rights, but for some reasons,several cases still need to be solved. The author thinks that in the inquisition ofmisrepresentation's civil remedy, how to compensate the losses of the investors is themost complex and important one, which directly relates with the issue of whether theinvestors can be compensated or not, how much can be awarded, this measure ofcompensation adopted can satisfy the purpose of compensate investors and deterredthe unlawfully actions or not. Because our country lack the legislative and judicialexperience of coping with the remedy issue, author considers that we should learnfrom the legally developed countries, especially from America, combined with therealities and practices of our country, establish the related systems, to better protectthe interests of the investors. Here below, firstly author introduce the legislative andjudicial practice of misrepresentation's remedy in the America security law. Secondly,author combine the contents of remedy of ,(hereafter referred as rules ), by comparison with the remedy system in the Americansecurity law, further discuss the issues of the scope of damages and calculation oflosses,the confirmation of average prices and reasonable period. Finally, authorindicates that when establishing our own way of awarding damages to the securityinvestors, we should put serious considerations on the realities of our country,establish the measure of damages and reasonable calculation of losses by two steps, inorder to develop our own security legal remedy system.