Research On The Civil Compensation System Of False Statements In China's Securities

False statement behavior as a common and serious phenomenon in the securities market,for the smooth running of the securities market and the legitimate rights and interests of investors has enormous harm.Through the system of civil compensation for fraud behavior person punishment and compensation for the economic interests of the victims,is a kind of encouraging people,deter criminals,and practical is the effective means to balance the interests of both sides.At present,our country in the legislation and practice in this aspect is still exist many problems to be solved,this article mainly through to the securities laws and regulations in our country at present the provisions of the civil compensation for false statement behavior,focusing on prior procedures in practice have more controversial,imputation principle,the determination of causation,damage compensation,litigation mode to make theoretical analysis,combined with the foreign civil compensation system,in order to put forward the our country securities market false statement civil compensation system feasible perfect suggestion,better protect the interests of investors securities market.The full text is divided into five chapters:The first chapter is introduction.Mainly introduced this article selected topic background,the selected topic significance,literature review,writing ideas and methods and innovation points and deficiencies in this paper.The second chapter is the basic theory of the false statement civil compensation system.This chapter first introduced the securities analysis of the concept of the false statement civil compensation,including the concept of false statements,false statement manifestation and the concept of the false statement civil compensation;Second,the interface also analyzes the false statement civil compensation is different from other civil compensation characteristics;Finally,the paper analyzes the false statement civil liability to pay compensation in the theoretical circle is considered a contractual liability,tort liability and independent responsibility of three kinds of theories.Through the above basic theory is introduced for below analysis in theory of reserves.The third chapter is our country securities false statement civil compensation system of the status quo and problems.This chapter is mainly about the false statement civil compensation law of China and some of the theoretical research of Chinese scholars,respectively from the preceding procedure,the principle of imputation,causation,damage compensation,and the aspects of the litigation mode,and based on some experience in the judicial practice,analysis of the advantages and defects existing in the existing legal system,and finally integrated the above opinions,summed up the false statement civil compensation system in our country at present the five questions need to be solved.The fourth chapter is the overseas securities false statement civil compensation system.This chapter mainly introduces the United States,Japan and our country Taiwan area of the development of the securities civil compensation system,as well as the existing of false statement behavior of concrete legal regulation and the civil compensation system,through the study and draw lessons from other countries and regions on the legal system of civil compensation of securities fraud,in order to widen the vision,the length of the understanding of different legal provisions,to provide experience for the improvement of the system of securities law.The fifth chapter is the perfection of the false statement civil compensation system in China.This chapter mainly from the perspective of substantive law and procedural law point of view,the two aspects in the third chapter proposed the false statement civil compensation system in our country the problems,combined with the countries and regions outside of the fourth chapter some valuable experience,come to our country securities civil compensation system has put forward the method to modify and perfect,in order to make the false statement civil compensation system can carry on in our country better.