On The Personality Inventory System In Sentencing

The Securities and Exchange contracts is the adjustment of the recent stock market main property relations in this specification, is the representation of the true meaning of the securities market the main, reflects the principle of autonomy. Securities and Exchange contract with the general contract of the main contract relative weakening of the relative content of the contract is a breakthrough, the object of the contract intensive nature of its contractual obligations different from the general contractual liability. Contractual obligations of the Securities and Exchange different from the general performance of contractual obligations for the third person to assume legal obligations of the Securities and Exchange Securities and contractual obligations with the high probability of tort liability Competing securities contract limited liability and the associated binary separation and integration. In view of this, in-depth analysis and research to improve China’s Securities and Exchange contract responsibility system has very important significance.This article consists of five major components:an overview of the first part of the Securities and Exchange contractual obligations. Securities issuance and trading activities in the stock market analysis, summarized the concept of contracts and types of securities transactions; were analyzed and compared through a contract with the Securities and Exchange contracts and general civil contract principle of relativity, summed up the Securities and Exchange contract alone with the relative weakening of the main contract, the relative content of the contract is a breakthrough, the object of the contract-intensive features; analysis of the characteristics of the Securities and Exchange contract and general civil contract responsibility, summed up the Securities and Exchange contractual liability has different from the general civil contract responsibility to bear the legal obligations of the securities transactions, securities transactions and contractual obligations with the high probability of tort liability competing Securities and Exchange contractual liability limited and joint binary separation and combination of characteristics.In the second part:the third person bear the responsibility of the Securities and Exchange contract. Borne by analyzing the legal basis of the Securities and Exchange contractual obligations, legal attributes, attributable to the principle and scope of the obligation to determine the principle of third party other than the Securities and Exchange contract should be based on the mandatory regulatory requirements and scope of the Securities Act, the presumption of fault mainly attributable to the principle of the Securities and Exchange contract to bear the Securities and tort liability.In the third part:Securities and Exchange liability for breach of contract and tort liability choice of competing. A more specific comparative analysis of liability for breach of contract and tort liability in securities transactions, attributable to the principle of burden of proof, liability elements exception condition, litigation under the jurisdiction of the limitation of actions and areas of responsibility, the parties shall select the Securities and Exchange liability for breach of contract conducive to safeguarding the legitimate rights and interests.Part IV:the independence of the contractual obligations of the Securities and Exchange and of the associated binary separation and integration. If false statements in securities transactions, securities intermediaries fault without fault or whether the presumption of the case, the Securities and Exchange contract is not liable or jointly and severally liable.Part V:to improve the contract responsibility system in China’s Securities and Exchange proposal. By introducing the legal basis for China’s Securities and Exchange contractual liability, the analysis of practices in the judicial practice in China, found that China’s Securities and Exchange contract responsibility system to the current situation and the presence of the imbalance of the civil liability provisions of securities legislation and judicial practice, the judiciary explain the lack of comprehensive and the reasonableness of the legislation, the lack of a matching program law. Analysis of these existing problems, improve the civil liability regime of securities legislation, the unified judicial interpretation, and improve the securities civil dispute settlement mechanism proposal of contributing to for the perfection of the contract responsibility system in China’s Securities and Exchange.