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Civil liability of securities of listed companies in China

Author: ZengJianYong
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Legal
Keywords: Civil liability Listed Companies in China Public investors Responsibility system Illegal behavior Civil Liability in Securities Securities market main China's securities market The main responsibility Implementation Mechanism
CLC: D922.287
Type: Master's thesis
Year: 2002
Downloads: 85
Quote: 0
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Abstract


China's securities market is the fastest growing stock market in the world. Just ten years from 1990 to 2001, the number of listed companies in China has developed from the initial 10 to more than 1,000, with a total market capitalization of development by several hundred million dollars to more than 40,000 yuan, its achievements have attracted worldwide attention. However, in recent years, China's stock market listed companies occur a series of illegal events: 1997 Joan source case, the 1998 Chengdu Hongguang case, 2000 Yiankeji case, 2001 Guangxia the case and so to China brought a very negative impact on the securities market. National securities market regulatory practices must be strict rules in order to ensure the healthy and orderly development of the securities market, the main responsibility of the market liability. In the main responsibility in the securities market, listed companies should be first and foremost the responsibility of the principal. This set of listed companies, the legal liability system properly designed or not directly related to the healthy development of China's securities market. The paper discusses the issues of civil liability listed company's securities. The thesis consists of seven parts. The introductory part discusses the status of listed companies in the stock market, to illegal civil liability for problems caused by the violation, leads to the listed companies in the stock market as well as the definition of basic concepts throughout the text. The first chapter discusses the value of securities of listed companies in the civil liability system. Civil liability regime of the securities of a listed company's value lies in its value of human beings, especially the main securities market value. The design of the system is always as a precondition to legislators a certain value judgments. The value of securities of listed companies in the civil liability system, including the order value, effective value, equal value and conservation value. First, the securities of listed companies in the civil liability system must maintain the order of the securities market and to make it healthy and orderly development. Secondly, the civil liability system of securities of listed companies must make the behavior of listed companies as well as public investors in the stock market has a higher efficiency, in line with the law of social and economic development. Third, the civil liability system of securities of listed companies must be treated fairly listed companies and the investing public, so that the two sides on an equal footing. Fourth, the civil relations of the listed companies and public investors, both status and inequality, public investors disadvantaged, the principle of fairness, it should be to protect the public investors, in order to achieve equality between . The second chapter of development and the current provisions of the securities of listed companies in the United States, Japan and China's Taiwan region civil liability system. Specific provisions in several countries and regions listed companies Securities Civil lt; WP = gt; operability strong. Their practice shows that effective securities civil liability system for the securities market is very important. Chapter illegal basis of the reasons of the listed companies in China. Summarize in this section, the first of several manifestations of the listed companies in China's behavior in breach of statutory duty on the securities market. Secondly, its illegal basis of reason analysis, mainly for historical reasons, for market reasons, social reasons, legal reasons, regulatory reasons. These reasons is an organic unity, the listed companies in the context of the interaction between them, according to their own judgment, only the emergence of illegal behavior. Therefore, in order to reduce the incidence of illegal behavior of listed companies, but also from a multi-pronged approach, Only in this way in order to better achieve objectives. Chapter one legal manifestation of civil liability of securities of listed companies in China. The listed company's securities civil liability tort liability. Secondly, the civil liability of securities of listed companies should include the following forms: compensation for the losses, the cessation of the infringement, and return of property. The compensation for the losses is the most widely applicable form. Third, the civil liability of the listed company and its directors, supervisors, managers and other collateral securities discussed. To prevent the directors intent or gross negligence and abuse of power to a third party damage, most of the countries in the Companies Act provides that the form of the company and its directors jointly and severally liable. China does not provide that the directors and other subjective fault of a third person jointly and severally liable. The paper pointed out that the damage when the illegal activities of the listed company to public investors, the investors can claim the rights to the listed companies can also claim the rights to the persons responsible. Chapter 3 discusses the implementation mechanism of the civil liability of securities of listed companies in China. First, the implementation mechanism of the substantive law is discussed. The relevant provisions of the existing substantive law entities including the General Principles of the Civil Law, Company Law and Securities Law, after damage investors the right to seek relief as well as damage to the calculation of the amount of compensation discussed. Second, the implementation mechanism of the procedural law discussed at great length. The absence of appropriate procedures, civil subject's substantive rights can not be achieved. Therefore, the program is the focus of our civil liability system for listed securities of the Company. Combined with the latest judicial interpretation, the thesis from relief channels, in charge of governing the litigants, the form of action, the burden of proof, and the referee's execution aspects are discussed. Summarized papers concluding part of the full text.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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