Research On The Identification Of Systemic Risk In Civil Cases Of Securities False Statement

This study reviews the existing achievements related to the question of causality identified and compensation for damages quantified in civil compensation cases of Securities Misrepresentation in the domestic academia.On this basis,the author conducts a quantitative and qualitative analysis on the civil compensation cases of Securities Misrepresentation involving systemic risk identification in recent years,generalizing some common judicial problems in current judicial practice,such as the vague definition of the concept of systemic risk and the disunity of the judicial thinking of systemic risk.Finally,drawing mature experience from the United States and Japan in dealing with the civil compensation of Securities Misrepresentation,the author puts forward some suggestions to improve on the systemic risk identification of civil compensation cases of Securities Misrepresentation from two dimensions of legislative regulation and judicial practice.The first part is the introduction,which mainly clarifies the laws and regulations and judicial interpretations related to systemic risk identification in some civil compensation cases of Securities Misrepresentation and defines some basic concepts as well as the connotation and extension of basic theories.From the second part to the fouth part are the main thesis.The first chapter is to sort out and analyze the civil cases of Securities Misrepresentation published on the China Judgements Online,and select a series of cases at the same time but with different results for further study.The aim is to sum up the existing judicial path and the controversial issues in judicial practice.The third chapter collects and studies the civil compensation rules of Securities Misrepresentation in the United States and Japan,in order to provide some experience for us to deal with similar problems.The fourth chapter provides some feasible suggestions on the systemic risk identification and elimination of Securities Misrepresentation civil cases from two dimensions of legislative protection and judicial trial,which covers the definition of the concept of systemic risk,the suggestions on the improvement of Article 19 of the provisions on the trial of civil compensation cases caused by false statements in the securities market,and the basic judicial thinking followed in judicial practice.The last part is the conclusion of this paper,which briefly summarizes the mainly points of view obtained in the research.