Font Size: a A A

The Study Of Allocating The Burden Of Proof On The Cases Of Securities Fraud

Posted on:2013-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:H GaoFull Text:PDF
GTID:2256330395491024Subject:Law
Abstract/Summary:PDF Full Text Request
Securities fraud in the Chinese securities markets is very serious, seriously damaging the healthy development of the capital market. Because of securities fraud is secret, coupled with the complexity and professional of securities trading, has caused great difficulties in judicial practice, and lack of the systematic research on burden of proof in academic. Allocating the burden of proof on the cases of securities fraud has important academic value and the value of guiding judicial practice, it is a realistic need for fighting crime and crime prevention, but also for safeguard the healthy development of China’s capital market.This thesis discusses three main types of securities fraud in the secondary market, which is insider trading, manipulation and misrepresentation. According to the characteristic of the three fraud behaviors, through a combination of cases studies and the principles of economic analysis, starting from analysis the burden of proof on the main facts of the cases, discuss allocating the burden of proof in criminal and civil cases respectively, and give some immature comments about current legal provisions. Trying to establish the allocating the burden of proof in the cases of securities fraud rules in secondary market, provide references to other similar cases.
Keywords/Search Tags:securities fraud, insider trading, manipulation, misrepresentation, burdenof proof
PDF Full Text Request
Related items