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Research On Civil Liability System Of Insider Trading In China 's Stock Market

Posted on:2018-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:S FengFull Text:PDF
GTID:2346330533457358Subject:Law
Abstract/Summary:PDF Full Text Request
China's securities market was established in the 90 s of last century,so far more than 20 years,relative to the United States and other countries of the securities market,China's securities market was established relatively late.The United States and other countries of the securities market development is more mature,the securities legal system has been relatively perfect.However,due to the national system,history and culture,social awareness of different countries can not copy the United States and other capitalist countries,the securities legal system.But with the pace of economic globalization,especially after China's accession to the WTO,China's securities legal system must also be some reform to adapt to development.In addition to the introduction and conclusion,this paper studies the civil liability system of insider trading in China's securities market and puts forward relevant suggestions.The first chapter mainly introduces the civil liability system of securities insider trading,studies the origin and development of civil liability of insider trading,the definition of insider trading behavior,the role of civil liability system of insider trading and points out the civil liability system of insider trading in China Existing main problems.The second chapter mainly discusses the nature of civil liability of securities insider trading.Among them,the study of the current mainstream of the academic theory,including the contract responsibility,tort liability,distinction,said the independent type,and were summed up these theories,and then put forward their own point of view.The third chapter mainly discusses the principle of imputation of civil liability of securities insider trading.Based on the comparison of the principle of fault,the principle of faultlessness and the principle of fairness to the civil liability of insider trading,the author expounds the five kinds of imputation theories of insider trading in the United States,The Reference Significance of the Theory to the Responsibility of Insider Trading in China.The fourth chapter discusses the perfection of the civil liability system of securities insider trading.This paper mainly studies the scope of the subject of civil claims for securities insider trading,the proof of causation,the calculation of damages and the problem of preemptive procedure and litigation mode selection in civil litigation of insider trading and puts forward some suggestions.
Keywords/Search Tags:insider trading, insider information, civil liability
PDF Full Text Request
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