A Study On The Intersection Of Criminal And Civil For Misrepresentation In The Securities Market

In recent years,Chinese scholars 'research on the false statements in the securities market has mostly focused on civil torts,civil compensation,and criminal constituents,but there have been few studies on the the interlocked penal and civil issue,so this article will analyze and study the interlocked penal and civil issue of false statements in the securities market.The research sample of this article is that after the cancellation of the administrative and criminal pre-procedures for false statement cases in the securities market,the cases occurred in practice that violated both the provisions of the civil law and the provisions of the criminal law.The research path of this article is: starting from the overview of the interlocked penal and civil,focusing on the level of substantive law,from the perspective of the falseness of the false statement in the securities market,the responsibility and the difference between the criminal and the relief of the criminal perspective,to analyze the interlocked penal and civil,so that the research results can be learned from the judiciary.At present,in the interlocked penal and civil case of false statement in the securities market,there are mainly problems such as the blurring of the criminal-civilian boundary,the substitution of the civil for the criminal,and the unreasonable disposal of the property involved.The reasons for the false statement of the securities market between criminals and citizens mainly lies in the fact that there are intersections of Securities Criminal Law and Securities Civil Law,the objective elements and types of securities crimes and the facts and types of the securities civil law,criminal and civil relations,and Criminal and civil liability,etc.Under the premise of the aforementioned intersection,the division of criminal and civil boundaries in cases should be carefully judged in terms of the degree of infringement of legal interests,the process of causality,and the determination of criminal responsibility.In order to protect the legitimate interests of small and medium investors,a small and medium investor rescue fund should be established so that the entity and the procedures can echo each other.In the trial of the case,the judiciary should reasonably uphold the concept of restraining criminal law,and coordinate the application of fines and civil compensation.