System Study On The Civil Liability Of Securities Insider Trading

To effectively protect our securities investors to gain power relief and maintain thehealthy development of the securities market, dire need of our coordination efforts. We shouldadhering to the spirit of objective and impartial and based on the reality of China’s securitiesmarket. To draw the foreign legislative and judicial practical experience and theoretical resultseffectively, which is reasonable to build China’s securities insider trading civil liabilitysystem.The case of Chen Zuling v. Pan Haishen compensation disputes of Securities InsiderTrading is very typical. Unexpectedly, the result is the plaintiff lost the case. However, thecase has important practical significance which as one of the few along cases of insidertrading civil compensation. The case involved the procedural and substantive elements, whichresponse to the status of China’s securities insider trading civil compensation system in thelegislative and inadequacies of judicial practice comprehensively.In this paper,as a clue to the case, to discuss the focus that identification of the securitiesinsider trading, causality, and damage the range and amount. Exploring the system ofsecurities insider trading civil compensation in line with China’s national conditions, andputting forward some suggestions for improvement, which is the purpose of this article,This paper is divided into five parts:Part1is introduction which Proceed from the basic facts of the case, the case focus, andthe theory and judicial practice. And explore the main problem.From part2to part5,the paper analyzes the relevant legislative, judicial and theoreticalstatus around the focus of the case involved. Part2analyses identification of the securitiesinsider trading. Subject, object and subjective aspects of the insider trading of securities. Part3analyses the identification of the causal relationship of Insider Trading in Securities. Findingthe plight, and leads to the practice of the United States, Japan and other countries and regions.Part4is discussion securities insider trading damages range and the amount calculatedstandard. Part5analyzes the litigation securities insider trading and false statements joint tort.Part6is the perfect proposal. In this part,to enhance the current system by summarizingits weak points on the basis of the misrepresentation case from the point of view of procedurallaw and substantive law.