| At present,most of the studies on duty of care by Chinese scholars mainly focus on the field of company law,and most of the general administrative penalties are attributed to directors,senior executives or relevant responsible personnel in the company,but neglect the responsibility of lawyers,it is because of the listed company to the dependence of the lawyer business relatively strong,China's legislation on lawyers engaged in securities business of diligence duty is not perfect,the relevant provisions of the relevant intermediary service institutions blindly pursue business,practice repeatedly appeared intermediary service institutions of fraud behavior,make the order of the securities market out of control.However,the definition of the connotation of assiduously fulfill their duties has never been clear.In view of this,the following will be taken from the empirical point of view,this paper analyzes its local offices to lawyers and related administrative penalties and administrative regulations,discusses the connotation and standard diligently,teasing out the lawyer form diligence obligations not argue against lawyers reason,analysis of causes and liability issues,lawyers in the process of practice is not only a specific responsibility,and to strengthen the supervision of lawyers and the securities market order maintenance.This paper puts forward some normative suggestions for securities lawyers when they fail to fulfill their diligent obligations,gives a clearer orientation to the role of lawyers in securities issuance and trading,improves the practice environment of securities lawyers.For securities lawyers' irresponsible behavior,we should improve the integrity of securities market.As for the system and supervision system,lawyers should not only assume specific responsibilities in the process of practicing,but also put the interests of society in their proper position,so as to strengthen the supervision of lawyers and the maintenance of the order of the securities market. |
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