Research On The Causality Of Insider Trading Tort Liability Scope

The theoretical research and judicial practice of the causality of tort liability scope of insider trading in China both have shortcomings.In the theoretical research,scholars blindly advocate using presumptive causality to infer the causality of tort liability scope of insider trading,and the causality of liability scope between insider trading and commissions is neglected;and they consider that insider traders bear the ratio of losses,regardless of the justice of the case.The shortcomings in judicial practice include the following two points:the application of presumption causation lacks a legal basis;and judges apply the judgment reasons of the false statement case to the insider trading case.Therefore,you can use the theory of considerable causality to exclude the causal relationship between insider trading and the cost loss of the damaged investor,and then use quantitative analysis to affirm that there is a causal relationship between the insider trading and the loss of securities trading.You can use the theory of comparative negligence,foreseeability and causative potency to determine the compensation ratio of insider traders.The full text has six chapters:The first chapter is an introduction;the second chapter is an overview of the the causality of tort liability scope of insider trading;the third chapter expounds the theoretical research and judicial status of the causality of tort liability scope of of insider trading in China;Chapter 4 introduces the relevant theories of the causality of tort liability scope of insider trading outside the territory;Chapter 5 I gives some suggestions for improving the theoretical research and judicial status in China;Chapter 6 is the conclusion.