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The Study For The Civil Liability System Of Market Manipulation

Posted on:2016-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhangFull Text:PDF
GTID:2296330470456350Subject:Law
Abstract/Summary:PDF Full Text Request
China’s "Securities Act" has recognized the civil liability on the behavior of stock market manipulation in legislation, but there is still difficulty in investigating it. Majorit y of investors who suffered property damage have not been given the due legal remedie s, and their economic interests still walk on the edge of fairness and justice.Civil liabilit y regime can protect the civil right owner and should go through in-depth research and repeated demonstration to solve the problem of judicial practice treatment. If the deserve d rights of the rights holder can not be guaranteed by judiciary,the legal relationship will be unsteady which will not be conducive to maintaining the stability of the securities tr ading order. Therefore, the civil liability regime on the market manipulation should hav e the function of providing compensation and relief for the victims and maintaining func tional balance between the interests of traders in order to restore the investor’s confiden ce in the orderly and blooming development of the stock market. Market manipulation doer usually means Securities practitioners or Investment Consulta nt Institutions who enjoys reputation and attention in the stock market, thus market man ipulation make use of Mass Basis objectively. Making use of investors’inferior position in distinguishing true Market information, with many ways of manipulation, Market ma nipulation doers encroach on the property interest of many investors. Market manipulati on is severely against the principle of good faith in the legal system of our country, havi ng a severe negative impact on honesty and reputation of practitioners and Institutions, damaging the good faith order of stock market, causing abnormal development situation of stock market, and destroying investor confidence.This article firstlytakes the "YiAn technology to manipulate events" as an examp le analysis to show that the present situation of our system of civil liability for market manipulation, so that readers have a basic understanding of the civil liability system of market manipulation. The second has carried on the basic elaboration of definition of m arket manipulation, the properties, harm and types enables readers to general civil liabili ty for market manipulation behavior with basic theoretical knowledge. Again, summed up the component elements of civil legal liabilities of market manipulation, and carries on the evaluation, put forward market manipulation component elements of civil liabilit y shall be based on a new vision to regulation, and with a completely new Angle of vie w of the rationality of the constitutive requirements are analyzed.Then based on the research about the developed countries and regions of civil liabil ity for market manipulation behavior related rules of law, I summarized our country sho uld adopt the strengths of civil liability system in regulating market manipulation. At th e end of this article, in purpose of improving the system of market manipulation civil le gal liability, I put forward the determination methods such as cancel the prepositional pr ocedure, causality and practice the onus probandi inversion system, determine the mark et manipulation disputes litigation compensation and constructing the system of credit a ctivities of civil liability legal advice.
Keywords/Search Tags:Market Manipulation, The Civil Legal Liability, Market Fraud
PDF Full Text Request
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