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On Principle Of The Rules Of Civil Liability For Securities Fraud

Posted on:2007-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhouFull Text:PDF
GTID:2166360185957832Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
On the principle of the rules of civil liability for securities fraud aims at clarifying false statements, insider dealing, market manipulation three securities fraud liability fault identification.Chapter one is outlined of the principle of the rules of civil liability for securities fraud, in this chapter, first analysis the system of the principle of the rules of civil liability for securities fraud, the particularity of stock market determines the particularity of the principle of the rules of civil liability for securities fraud, and the stock market in our country is weak market, so doctrine of no-fault liability is used. Second analysis the relationship between the principle of the rules of civil liability for securities fraud and the principle of the rules of civil liability for tort. It is particular of the principle of the rules of civil liability for securities fraud, doctrine of fault liability is the most important in the principle of the rules of civil liability for securities fraud, doctrine of presumption-fault liability is the flexible application of doctrine of fault liability. Doctrine of justice liability should be applied in the principle of the rules of civil liability for securities fraud, But with our current level of development is not practical applicability. Third analysis the application of the principle of the rules of civil liability for securities fraud, relevant countries and regions constitute jus cogens of the Securities Law on the prohibition of false statements, the prohibition of insider trading, the prohibition of rigging the market. To meet this requirement, any one of the main players in the market, constitutes a breach of statutory obligations, violations of these obligations, as there fault, it is the responsibility of the perpetrators of such acts in violation of the law as a payment obligation of the fact that damage is the fault of presumption. The main application of the principle of the rules of civil liability for securities fraud is the doctrine of presumption-fault liability and the doctrine of no-fault liability, there is no application of diction of justice liability.Chapter two is the principle of the rules of civil liability for false statements. In this chapter, first analysis the principle of the rules of civil...
Keywords/Search Tags:Securities
PDF Full Text Request
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