On The Lawyer Of Civil Liability In Securities Law

In the stock market, especially in new development of the securities market, the relevant laws and regulations of the system not sound lead to a great of violations of the existence.Violations of the lawyer engaged in securities law business by the special status are becoming a great hazard. Violations of the lawyer in the business of securities law not only is becoming substantially damaged the interests of investors,particularly the interests of small to midsize investors but also serious impact on the construction foundation and orderly development of the stock market. Therefore, in order to protect the interests of the securities market participants and maintain their confidence in the market and improving china's stock civil liability, study on the civil liability system for lawyers engaged in securities law business will be practical and theoretical necessary.Around the civil liability of lawyers engaged in securities law business, the text elaborate in five parts for this:Chapter 1 introduces the content of the securities legal business engaged by the lawyer, from the changes in the qualification system for the securities legal business engaged by the lawyer and scope and mode of the securities legal business engaged by the lawyer of two;Chapter 2 analyses attribute and doctrine of liability fixation of civil liability of securities legal business engaged by the lawyer in accordance with the business process of the parties of different from the securities issuers,listed companies and the stock investors in two points of view; Chapter 3 analyses the difficult points of finding for causality of civil liability of securities legal business engaged by the lawyer from breach liability and tortious liability two points of view, and explore solutions; Chapter 4 analyses the shortages of civil liability of securities legal business engaged by the lawyer from the concept of the legislation and the content of the legislation in two sides;Fifth discusses how to improve perfect the civil liability system of securities legal business engaged by the lawyer, from three aspects of changing the idea of securities legislation,improving the physical laws and regulations of securities and establishing the risk fund system practice of the lawyer engaged securities legal business.This article discusses the relative problems of civil liability of securities legal business engaged by the lawyer in our country, mainly by the comparative analysis, logically analysis, the historical analysis and empirical analyses.It analyses attribute and doctrine of liability fixation of civil liability of securities legal business engaged by the lawyer. It analyses the difficulties points of finding for causality of civil liability of securities legal business engaged by the lawyer and the methods of solution and the shortages of civil liability of securities legal business engaged by Chinese lawyer. It uses the experience of legislation and administration of justice in other developed countries and regions about civil liability of securities legal business engaged by the lawyer. It absorbs the advanced theory about establishment of civil liability system of securities legal business engaged by the lawyer from some countries, with a view to establish a consistent civil liability system of securities legal business engaged by the lawyer with china's actual conditions.Tried to the existing conditions in china and the legislative level,other developed countries and regions in the securities business on the law of civil responsibility of legislative, judicial and absorb the lawyer in the business of securities law systems for civil liability for the advanced theory, with a view to establish a consistent with china's actual conditions and improve the business of securities law in civil responsibility system.