Study On The Issues Of Civil Compensation Liabilities In Securities Insider Trading

Securities insider trading is insider when he in the securities uses illegally some insider information, particularly, insider information is the core of definition. However, for the other investors in security market, they deal in the case of unsymmetrical information and part of the investors got the loss just because of insider dealing. There are no more relative legal regulations in China which can be helpful to solve such the problems as civil compensation liabilities of insider staff including causation of insider dealing and damage, the calculation of damage compensation, the action of exercise, so we hardly inquire into civil compensation liabilities of insider staff so as to protect legal profit of legitimate investors. Thus, the essay intends to set about an analysis of civil compensation liabilities of insider trading in the investigative method of comparative analysis, historical analysis and case analysis. It probes into the problem about civil compensation liabilities of insider trading so as to benefit for legislation and practice.First of all, the essay has defined some relative basic concepts about insider trading, because he it is a prerequisite for civil compensation liabilities of insider trading.Secondly, the essay furtherly explore the nature of civil compensation liability in inside trading, so the essay defined that the nature of it should be a special kind of civil compensation liability. Moreover, the essay analyses the principles and the documents. We analyses doctrine of liability about the subject fault of civil compensation liability in inside trading. We discuss composing elements of civil compensation liability in inside trading. The composing elements system is composed of illegal acts, the consequence of insider trading and the damage. The essay analyses the significance of the damage from determinism of the subject and compensation for loss. The consequence of insider trading is divided into aspects to apply to different rules.Finally, the essay paid more attention to discuss and solve the two hard problems. We should learn the legislative experience of class action and selection of party so as to reform and improve the form of our representative. Moreover, from two aspects of theory and legislation suit for civil compensation liabilities of insider trading should not set predecessor program.