Study On The Due Diligence Obligation Of Securities Lawyers

As a professional,a securities lawyer’s role as a "gatekeeper" in the securities market when verifying and checking the information disclosed by the issuer is of great significance to curbing illegal acts such as securities fraud.Securities lawyers did not perform their due diligence in their due diligence,which not only infringed on the investors’ legitimate rights and interests,but also seriously disrupted the normal order of the securities market."Xintai Electric case" exposed a series of problems in practice regarding the identification and liability of professionals who do not perform due diligence,Which has caused widespread concern.In this context,this thesis takes the due diligence of securities lawyers as the research object,and analyzes the focus of the relevant disputes in the case,with a view to clarifying the legal nature of the due diligence of securities lawyers,and clarifying the standards for the recognition of unduly due diligence and On this basis,it proposes specific improvements to the civil liability commitments of securities lawyers who have not diligently and dutifully.In addition to the introduction of the first chapter and the conclusion of the sixth chapter,this thesis is divided into four parts:The first part is the brief introduction to "Xintai Electric case" and the focus of the dispute.First of all,the basic case of "Xintai Electric case" is summarized,and then the three dispute focus in "Xintai Electric case" is summarized emphatically: first,the legal nature of the due diligence obligation of securities lawyers;second,the identification criteria of the due diligence obligation of securities lawyers;third,the responsibility of securities lawyers not to fulfill their due diligence obligations;The second part is the legal nature of the due diligence obligations of securities lawyers.It mainly starts from the definition of securities lawyers and their due diligence obligations,and based on the relevant legal provisions,a general interpretation of the legal nature of the due diligence of securities lawyers.The third part is the identification standard of the securities lawyer’s failure to fulfill the obligations of due diligence,which is the main content of this thesis,mainly around the "Xintai Electric case" related dispute analysis,from the ability standard,the result standard and the behavior standard three aspects to the securities lawyer’s failure to fulfill the obligations of due diligence to determine the standard to be clear;The fourth part is the responsibility of the securities lawyer who failed to fulfill his due diligence obligation,mainly aiming at the problems that exist in our country’s legislation and practice to bear the responsibility of the securities lawyer who failed to fulfill his due diligence obligation,and puts forward some suggestions from three aspects: the subject of responsibility,the form of responsibility and the relief of responsibility.