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The Civil Liability Of The Credit Rating Agency Under The Securities Registration System

Posted on:2018-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2356330515477540Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the recovery of financial markets,there are a variety of new and complicated financial products and tools emerged in the capital market.This has promoted the development of the credit rating agency,which aims tosolve the information asymmetry of the intermediary institution.With the decentralization of authority and the trust of investors,the impact of rating results made by rating agencies are increasing.After the outbreak of the financial crisis,more and more problems are exposed to rating agencies which should be independent and fair.However,the imperfection of Civil legislation of the financial intermediaries results in having no legal recourse.This paper is mainly to analyze the legitimacy of the rating agency for undertaking the false rating result and how to undertake civil liability.Chapter one discusses the nature of the rating agency by the status of the credit rating agency in the financial market and determines its position in the financial intermediaries.Chapter two mainly analyzes the legitimacy of the rating agency for undertaking the civil liability by analyzing the legal basis of the civil liability of the credit rating agency.Chapter 3 and Chapter 4 analyze the civil liability of the credit rating agency by breach of contract and the liability of the third party,and analyze the responsibility of the rating agency according to the comparability of the contract and the expansion of the contract.At the same time,special tort liability is presented from the perspective of the third party for injuries or damage,that is expert responsibility.Chapter five mainly starts from improving the system of civil liability of credit rating agencies in our country.It is explicit that rating agencies should undertake special tort liability,that is,expert responsibility,perfect our system of class action and protect investors' rights and interests.
Keywords/Search Tags:registration system, credit rating agencies, liability for breach of contract, professional liability
PDF Full Text Request
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