A Study On The Civil Liabilities Of Securities Insider Trading

With the constant improvement of the market economy, China's securities market has developed rapidly in recent years, in the development process caused by the frequency of securities fraud gradual increase in insider trading of securities of which are particularly evident. When securities insider trading occurred, how rational investors suffer damage remedy, how to establish appropriate securities securities market civil liability regime to maintain a fair, just and open principles and the protection of the rights of investors has become the first to be solved problem. At present, although the Securities Act expressly provides for civil liability for insider trading securities, but the principle seems too general provisions, no specific operational rules, the legitimate interests of investors, insider trading acts as damage to be compensated by the existence of judicial relief large obstacles, legislative and theoretical research needs to further improve.Writing process, I made reference to the civil liability system in other countries theresults of research and legislative experience, from the level of tort, the specific legal rights and interests of the investor protection, civil liability for insider trading to be investigated for a number of legal issues, combined with practical some cases of insider trading on improving the civil liability system responses, and recommendations.This introduction leads to a from the securities trading services stock trading insider information on real cases, lead the reader on the status of insider trading of securities deep thinking. Besides the introduction and epilogue, the text consists of five parts, the first part of the broad macro insider trading of securities and the prohibition of insider trading based on the concept of practical significance, the second part describes the current system of civil liability for insider trading of securities legislation related to to further explain the present from the legislative level of the insider trading legislation of its shortcomings, the third part from the legal point of view, discusses in detail the nature of civil liability for insider trading securities and the responsibility principle, the fourth part of the Civil Insider Trading The Constitutive Elements, Part V, by comparing the Chinese and foreign legislation, the use of the method comparisons, to make recommendations to improve the insider trading of securities legislation.