Font Size: a A A

Study On The System Of Civil Liability Of False Statement Of Securities

Posted on:2015-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:X M DanFull Text:PDF
GTID:2266330431454319Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Securities law system is a basic legal system to guarantee the healthy development ofsecurities market. As the pillar of the legal system of securities, information disclosuresystem plays an important role in maintaining the interests of investors. In the securitiesmarket of China, however, illegal cases of securities are emerging in an endless stream,especially false statements violation cases. This situation not only damages the interests ofinvestors seriously, but also affects the normal operation of the securities market. And theeffective way to protect the rights and interests of investors around the world is to perfectthe system of civil liability. As the securities market in China started late, the research ofsecurities false statement civil liability system is still at the exploratory stage withoutspecific perfect rules. By analyzing the present situation of the false statement of securitiescivil liability system in China and the advanced experience abroad, this article aims toperfect the system of securities civil liability and promote the healthy development ofsecurities market in our country.Firstly, this article analyzes the nature of the false statement civil liability from theconcept and forms of false statements, and expounds the components of the false statementcivil liability with a deductive method. It has provided the basis for the following content.Secondly, by using the method of literature analysis and practical justification, it analysesthe present situation of the false statement civil liability system, and sums up the problemsexisting in entity and procedure of false statement civil liability system in China, whichprovide a solid foundation of the later perfect measures. Thirdly, by applying the method ofcomparative analyses, this article analyzes the system of extraterritorial securities falsestatement civil liability, which summarizes up the suggestions to perfect China’s securitiesfalse statement civil liability system of revelation. Finally, this article presents a generaldesign on false statement civil liability system of our country, respectively from the entity,procedure and the establishment of the relevant supporting system and puts forth somespecific suggestions on the basis of the above summary. Among other suggestions this article proposes concrete methods of expanding the scope of damage compensation andcalculating, and also puts forward some advices to perfect the mechanism of civilcompensation relief and supervision. This article aims at putting forward reasonablesuggestions to improve the system of securities false statement civil responsibility and toget a long-term development in securities market of China.
Keywords/Search Tags:false statements, damage compensation, the preceding procedure, therepresentative litigation, relief mechanism
PDF Full Text Request
Related items