Tort Liability Of Securities

With the development of the reform of share equity relocation, the stock market entered into a recover period. As the consolidation and development of stock market and issue of IPO, the stock exchange in China become more and more regulated. At the same time, the financing transaction which is still at its initial stage and the issue of index fund will change the awkward condition of our stock market which lack hedge mechanism and inevitable system risks. The core issue in our stock market at the current stage is how to protect minority investors, maintain the normal trading of stock market in the primary and secondary market and bring positive social reputation to investors. To speak frankly, the stock market in China is still have some gap with the principle of true and fair, and there are frequent cases of directors in listed company commit inside trading and fraud. Therefore, any maintenance of the order of the stock market needs preventive, detective and corrective measures to protect. However, at the current stage, the most important task is to provide lawful aid to minority investors who are already victimized by unlawful tradings. The objective of the lawful aid is to correct the unlawful trading while at the same time protect investors.This thesis focus on the remedy for right violation in stock market, it uses the system in traditional civil law, emphases on the consequence, adopt 'result path', analyze the contents and effect of remedy for right violation, use the common remedy activity as a basis, and discuss the lawsuit pattern. This thesis will combine the real condition of investors in the stock market with the lawsuit system in US, the aim is to restructure the lawsuit system in China. The contents will include the following 4 parts.The first part is the briefing on the civil right of stock market, and introduce briefly about the civil right, remedy for the right violation and the real reason of the remedy.The second part is to explain in detail the violation activities, and make analysis and comparison for privately issue bond, insider dealing, manipulate market, misstatement and fraud.The third part is to discuss the scope and calculation of the remedy.The fourth part is the emphasis of this thesis, it will start from the aid pattern in China, and make a comparison between common lawsuit, agent lawsuit and group lawsuit, which centered around US law, and finally make recommendations to the lawsuit for the remedy of right violations in stock market.