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Case Study On The Causality Recognition Of Listed Companies’ Securities False Statement Tort Liability

Posted on:2021-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y L GuanFull Text:PDF
GTID:2506306110470714Subject:Science of Law
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In tort law,causality,as a constitutive requirement of legal liability,has been identified as a difficult point in theory and practice,especially in disputes over liability for securities false statements.Due to the special nature of the securities market and securities transactions,securities false statements are distinguished from general torts.There are also special aspects in the causality identification.Much attention have been paid from the theoretical and practical circles,and the dispute has hardly ceased.In recent years,with the continuous development of the securities market and the continuous improvement of people’s awareness of human rights protection,civil compensation lawsuits for securities false statements liability disputes with listed companies as defendants have gradually increased,and the identification of causality has become a major focus during the trial.However,in practice,due to the lagging of relevant legislation in our country,there are many problems in the identification of causality.This article mainly takes the normative analysis method and the empirical analysis method as the research methods,combines the particularity of the securities market and the securities transaction,and takes the relevant theories of causality identification in the tort law as the theoretical basis of this article.At the same time,effective cases were screened out from 2014 to 2019 for securities false statements liability disputes.By sorting out the thoughts of the court in the judgment,put forward problems such as the materiality determination,disclosure date determination,systemic risk identification standards in the current regulations.Combing theoretical and practical experience,raise corresponding solutions to benefit the relevant law revision in the future.
Keywords/Search Tags:Causality, Materiality, Systemic Risk, Disclosure Date
PDF Full Text Request
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