Research On Civil Liability System For Manipulating Securities Market Behavior

Tort in our securities market still happens despite repeated prohibition, the behavior of manipulating security market is emerging in endlessly and becomes increasingly rampant, it may be said a chronic disease of securities market, the road of civil claim is filled with thorns, and often let investors down.In the last decade for the stock market manipulation case, few investors could obtain relief by civil claim. After all, the low illegal cost of manipulating security market and the deficient civil liability of manipulating security market is the reason why manipulative behavior can hardly be regulated. However,securities laws will be amended in sight, this time the amendment to the securities laws put a high value on civil liability of securities tort. Protecting investors' lawful rights has been regarded as the fundamental principles to the draft of securities laws while amending securities laws.Therefore, this article intends to apply the method of comparative analysis, analyze the civil liability of manipulating security market through legislation,judicial practices, and offer a proposal to it, in order to to make the investors of the stock market get the best protection.This paper is divided into three parts: introduction, body, conclusion. Introduction of the article summarizes the research background and research meaning. Sum up the research progress for civil liability of manipulating security market through the current research at home and abroad. Meanwhile, establish research methods.Chapter One: Sum up the basic concepts and features of market manipulation, common types of market manipulation to be summarized. Analyze the legal nature for the civil liability of manipulating security market, after comparing with the theory at home and abroad,try to analyze the composing of the civil liability of manipulating security market from the fact of damage, subjective fault, causality.Chapter Two: Analyze the current situation of the securities market manipulation infringement in depth, summarize the practical difficulties in the process about the civil liability of manipulating security market.Chapter Three:After concluding the difficulties that the civil liability of manipulating security market faced,having a further discussion on the lack of the legislation about the civil liability of manipulating security market. Trying to compare the differences between China's mainland and the United States, Japan,Taiwan of China and other countries or regions about the civil liability of manipulating security market. Analyze the lack of the civil liability of manipulating security market.Chapter Four:For protecting the interests of minority investors,it is extremely urgent to improve the civil liability of manipulating security market, this section intends to discuss the civil liability of manipulating security market on specific issues, such as: doctrine of liability fixation, causation, damage compensation system, litigation system and so on. Proposing legal countermeasures for improving the civil liability of manipulating security market.