The Civil Liability Of Insider Trading In Stock Market In China

Stock market only passed through several dozens of years development in New China.Compare with the continuous changes and improvements of stock market, Securities Lawis relatively backward. Although insider trading is recognized as prohibited trading act inSecurities Law of China, but the execution of anti-insider trading is far from satisfactory.The discussion of identification and regulation of insider trading is already quite enough bytheorists, but the author ponders over the absence of civil compensation proceeding ofinsider trading. This thesis analyses the nature of civil liability and the principle ofaccountability of insider trading, the constitution requisite of civil liability of insidertrading, the definition of civil liability rights owners or obligators, the calculation of theamount of compensation by methods of documents-reading, comparison and a analyses,empirical analysis. Finally, the author take the view that civil liability of insider trading is aspecial tort liability, and different insider trading actors should be treated differently indifferent cases.This paper consists of five chapters. The preface introduces the question why the civilliability system of insider trading is so backward in China? Chapter one analyses thepresent condition of civil liability of insider trading in China, including legislation leveland judicature level. Chapter two concludes the nature of civil liability and the principle ofaccountability of insider trading by comparing several main perspectives. Chapter threeconcludes the constitution requisite of civil liability of insider trading. Chapter fourexplains the concrete rule of civil liability of insider trading. Chapter five gives suggestionsto improve the civil liability system of insider trading. The Conclusion sums the wholepaper.