| The security market is not only a place to allocate capitals, it’s also a market wherefairness is in urgent need of.If fairness, justice and openness are the three cornerstonesof the security market, then the interests of the investors shall be described as the coreof this market. Protection of the interests of the investors, especially the small investors,remains controversial.And due to the particularity and complication of security, thecalculation of security damages has been technically difficult.During recent years, withthe expansion and growth of the security market, the participants increasingly rely onthe legal system. In order to achieve the fairness, the legislative designed the securityliability system, which is of great significance to protect the interests of investors and tomaintain the order of the security market. But we should recognize that, the provisionson calculating of the security damages is still incomplete in China’s security law andrelevant judicial interpretation.In this article, the author discusses the system of civil liability formisrepresentation firstly. Then, base on the comparison with the security regulation ofthe United States, the author gives a further discussion on the calculation method ofChina’s liability system in security misrepresentation. Finally, the author puts forwardthe suggestion to the legislation that China’s national conditions should be taken intoaccount fully, so as to improve China’s security compensation system. |
