The Research On The Protection Of Securities Investors Rights And Interests In Scalping

Since the reform and opening-up,China’s capital market has developed rapidly,and securities trading activities have become increasingly active.At the same time,illegal and criminal activities through the securities market have been increasing,not only seriously disrupting the operation of securities capital market,but also greatly the legitimate rights and interests of investors.According to statistics,as of 2016,the China Securities Regulatory Commission has notified 141 cases of administrative penalties,including information disclosure violations,insider trading and manipulation of the market among the top three,respectively,37 cases,34 cases and 21 cases.Especially in the recent emergence of some of the new market manipulation cases,compared to traditional manipulation,the new manipulation more subtle,complex,such as robbery transactions involved in this article,namely the Internet + times,all kinds of new media under the rapid development of derivatives.In a variety of micro blogging v,micro blogging public platform,QQ group,TV new media propaganda speculation,some so-called recommended stocks "experts","net red analyst" quickly became popular,follow the trend of investors flock.As everyone knows,in the great interest of the temptation,the so-called "experts",in fact,"banker",deliberately set up to harm investors hard-earned money,in view of this,how to effectively protect the legitimate rights and interests of investors has become an imminent issue.It is one of the important points of our country to crack down on the criminal activities of securities.However,judging from China’s judicial practice,the focus of the crackdown on the manipulation of the hat-hats is mainly from the administrative responsibility and criminal responsibility of the perpetrators to increase the administrative and criminal penalties to regulate the securities market order,but ignored the investors of the civil compensation issue of this key point,so that investors civil rights have been infringed.Throughout all the civil cases of robbery infringement cases,no one support the investor’s claim,the decree of economic compensation or compensation to investors,so that the legitimate rights and interests of investors are not substantial protection,which is clearly contrary to our current Article 1 of the Securities Law refers to the original intention of legislation for the protection of the legitimate rights and interests of investors.China’s Securities Law,Article 77,paragraph 2,the first time to establish the market to assume civil liability,but the provisions are too principled,the market manipulation of the civil liability of the scope of compensation,calculation,causality and so there is no corresponding law And judicial interpretation to be clear,the lack of practicality.It is one of the ways to manipulate the securities market.It is helpful to perfect the anti-manipulation legal system of our country by analyzing the civil rights and interests protection.Today,we should protect the civil rights of small and medium investors,establish a practical civil compensation system to compensate for the economic losses of investors.