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Research On Civil Liability System Of Securities False Statement

Posted on:2020-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:J N HeFull Text:PDF
GTID:2416330578965168Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In order to analyze and solve the legislative defects and practical dilemmas of Civil Liability for False Statement in our country,the thesis mainly uses the perspective of comparison and case analysis.The centre of attraction for Tort Liability appears to be the model of Liability Principle,the proof of Causation,the identification of Extent of Compensation,the optimization of Calculation and the counterparts of Pluralistic system.The thesis is composed of four chapters altogether,besides the introduction and conclusion.First of all,the thesis surveys general legislative situation and intention of the Civil Liability for Misrepresentation,and the nature of False Statement.The second part discusses the institutional framework for Misrepresentation and then analyses the model of Liability Principle as well as the proof of Causation in further.The model of liability principle is composed of the fault presumption liability,which is the chief one,as well as the strict liability and fault liability.The thesis introduces Transaction Causation and Loss Causation hope to solve the causal proof of Decoy False Statement.The third part introduces the identification of Extent of Compensation and the optimization of Calculation,which includes the rules of base day.The calculation method and scope of compensation should follow the theory of net loss,so as to avoid over-correction and over-protection.At last,learning from the foreign advanced experience,the domestic civil procedure and optional relief route should be optimized and pluralistic.
Keywords/Search Tags:false statement, causation, extent of compensation, base day, alternative dispute resolution
PDF Full Text Request
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