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Research On Private Right Relief Of Insider Trading In The Securities

Posted on:2013-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:W MiaoFull Text:PDF
GTID:2246330371987214Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It should be fair and orderly for the securities market to keep the confidence of investors. So a sound legal system will be a must to promote the healthy development of the securities market and will be effective on the protection of the interests of investors. With the past decades of development, there have been marked improvements and perfecting laws and regulations in China’s securities market. Nevertheless for various reasons, China’s laws and regulations rarely involves tickets insider trading private right remedies though judicial authorities crack down the insider trading illegal acts. So this result in the action of insider trading private right remedies can not be in accordance with the uniform laws and regulations. So it’s hard to take uniform regulations to fix with the cases like the proper plaintiff identification of private right remedies, the number determination of civil compensation, the distribution of on us proband. In view of the above reasons, the author is trying to develop a set of actionable proprietary relief rules by analyzing about the interpretation of the law within the framework of the existing laws and regulations in China through the analysis of Huang insider trading case and the experience of other countries and regions relevant provisions of securities laws. Accordingly full articles divided into the following four sections:The introduction and the first part introduce the Chinese securities market present situation of insider trading and private right remedies and the case of Huang Guangyu. And we put in some legal questions what can be met in the private remedies of insider trading. The concepts such as insider trading and private right remedies which are mentioned in the thesis will be given in the second part, then the hazard of insider trading and the necessity of insider trading and private right remedies will be analyzed in this part. In the third part, the author introduces some statutes that aim at insider trading and private right remedies, and analyze it with some cases. The fourth part is attempting to put in some advice for the insider trading private right remedies in our country by analyzing the laws and regulations which are aimed at insider trading and private right remedies in other countries and regions.
Keywords/Search Tags:Insider trading, Civil liability, Private right remedies
PDF Full Text Request
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