| Securities lawyers, including securities firms and individual lawyers engaged in securities business, were important part of the participation of information disclosure of the stock market and played a key role in the stabilization of securities markets and the protection of investors. Therefore, it’s necessary for a research of their liability in false statements.This thesis is divided into four parts for securities lawyer liability in securities misrepresentation which were studied.In the first part, the development of securities lawyers in PRC and analysis of the main responsibilities of the securities lawyers were stated. And based on it, I concluded the concrete forms of the liability.In the second part, cause the later start, so there are now some conflicts in legislation and legal practice, this section I analyzed the embarrassed problem of securities lawyers of their practice such as duty of diligence and care.In the third part, I introduced the legislation in PRC and other countries from3perspective:the criminal, administrative, civil liabilities. Through the comparison with different countries, we can improve our legislation.In the fourth part, I made some suggestions for the problem in the2nd part:First define the false statements of securities lawyer and draw the boundaries with other agencies to better serve our stock market. Second, on the question of civil liability to establish causality, we shall learn from the advanced experience of the United States on the civil liabilities of securities lawyers. Protect the investors and the distinct transaction causation and loss causation. Finally, to strengthen the supervision we shall strengthen the management of the services.The author mainly adopted a comparative approach by comparing the relevant laws of the foreign legislation and China’s relevant laws, and the comparison of law firms and other intermediary organs in securities misrepresentation in order to find out the deficiencies of current regulations and proposed solutions. |
PDF Full Text Request