| China’s securities market was born in the early1990s of the last century. In this more than20years of development, its transformation and the reform of state-owned enterprises in our country not only plays a role of catalyst, but also for the majority of small and medium-sized enterprises raise a large amount of precious money, for a group of outstanding private enterprises established a platform, pushing them towards the world stage. At the same time, the healthy development of securities market for the general investors to increase the property income, improve their material life. But it is not plain sailing, in the development of the securities market insider trading crimes happen two years showed a trend of blowout. These cases are not only threatens the securities market order, and also hit the confidence of investors. Throughout the history of the capitalist development, every economic developed country must have a mature securities market. The mark of a mature stock market does not have a large number of rich of the listed companies, also is not who can continuously introduce financial products investment institutions or wealthy investors, but has a legal system of justice. This legal system can be hatched as Microsoft, apple, Wal-Mart Stores and other famous multinational companies in and outside, also can be born George Soros, Warren Buffett and other investment guru, more will those who seek to reap huge profits through insider trading and other illegal means people to justice. Thus fully protect the rights of the relief of the majority of market participants. Therefore, there is an urgent need to establish securities insider trading civil compensation system to crack down on insider trading wrongdoing. For the majority of investors to build a good investment environment, to safeguard the fairness and stability of securities market, and promote the real economy in China has a sound and rapid development. The system involves many aspects of procedural law and substantive law. Therefore, article three parts it perfect plus analysis and research.The first part of the securities market insider trading civil compensation system of the basic theory for analysis. Overview of the concept related to insider trading, analyzes its characteristics and harmfulness. And then on the basis of the concept of insider trading civil compensation elaborate analysis of the legal nature of its constituent elements of insider trading civil damages in tort liability particularity. Finally put forward the significance of perfecting the compensation system. The second part elaborated the country securities market insider trading civil compensation system defects. Mainly through to the front exist in the inside civil compensation system in the procedural law of our country at present procedures, the scope of the jurisdiction of the litigation mode, the statute of limitations, and these four issues are analyzed. And entity exists on damage compensation scope of obligee’s confirmation and the content of the civil liability of insider trading regulation is not perfect, these two aspects were analyzed. The third part mainly in draw lessons from foreign advanced compensation legal system is proposed on the basis of the advice of perfecting our country’s securities insider trading civil compensation system. From cancel the prepositional procedure to establish group litigation mode; From the statute of limitations to jurisdiction are proposed; In order to promote comprehensive perfect civil compensation system in the procedural law. And in the improvement of the entity, on the one hand, should stipulate the scope of the holder of the insider trading compensation request; compensation for insider trading and other hand to improve the content of civil liability for insider trading provisions. |
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