The Study Of Legal Issue To The Days Of Mispresentation

With the development of the financial capital market reform, the stock marketimpact on people’s life is becoming more and more shocking. At the same under thetendence that the development of the degree of China’s ageing population, more andmore elderly investors enter security market. The Further Strengthening the CapitalMarket of Small and Medium-sized Investors’ Legitimate Rghts and InterestsProtection Work Opinion, the newly legislation promulgated by the state councilgeneral office of the state council on, will also put the investor protection on theagenda. Mispresentation, one of the three main fraud in the securities market, thedamage to the investors is prefer big. Building perfect legal system of civil claims, isimposible to the investor protection work. And the system building also needs toaccord with the fundamental spirit of Security Law. Mispresetation, one of the biggestinfluence on investors, as well as one of the three largest security market fraud, itscivil claims system is built, implemented, and particularly important. Based onmispresentation, this paper mainly discusses the day of system of the mispresentationcivil compensation for the damage. Day of the mispresentation mainly includes theimplementation date, disclosing day, and the base day. In daily judicial practice,mispresentation behavior, which investors enjoy resulting therefrom, and the decisionof the claim amount, mainly determined by disclosing day, and the base day. Thedetermination of mispresentation implementation day in the daily practice is usually easyl. Therefore, this article mainly discusses mispresentation discloding day and thebase day. This paper mainly discusses the disclosion’s main role in the process ofmispresentation causality, and the determination of the specific principles.In2003, the Supreme Court issued an act on the stock market. However, severalprovisions of the civil compensation cases caused by mispresentation. Since theimplementation of nearly10years, become around the court know that the standard ofmispresentation cases. But because our country did not accumulate in the judicialpractice can draw lessons from experiences of relevant cases, the supreme peoplecourt was about the legislation of the professional and technical difficulties involvedin, has certain limitations. Ten years later, the capital market has been rapiddevelopment. Ten years ago the legislation is in line with the present situation oftoday, you need to discuss. In this paper, from the investor benefit maximization thesecurities law basic principle, around the mispresentations can claim the range ofinvestors and ascertainment of the range of investors can claim loss, research theimportant role of mispresentation time node for a fee, and the principle of determiningthe specific time node. At the same time, introduce typical or controversial cases tothis article to illustrate the legal issues.