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Of securities intermediaries false statement on the civil liability of the third party

Author: TianZuoZuo
Tutor: WuYue
School: Southwest University of Political Science
Course: Economic Law
Keywords: intermediate agency misstatement the third party civil liability
CLC: D923
Type: Master's thesis
Year: 2007
Downloads: 216
Quote: 2
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Abstract


In terms of the great significance and importance of the statement given by the security agency and its specialists, the investors laid much reliance on these professional reports. Recent years, some of the security agencies and the specialists who work there, in order to pursuit their own financial or any other interest, deliver unreal or misleading statements required by their clients, which severely impaired the legitimate rights of the investors, and of course greatly hinder the sound development of our security market.Therefore, to some extent, the newly passed "Security Law" is really encouraging and time-adapted. So the theoretical and practical field all heated. While at the same time, some of the cases happened these years around us draw our attention and made us to calm down to face the practical problems in order to better implement our new legislation. I here suggest that the relevant judicial interpretation should come out as soon as possible in terms of all the problems raised up to now.There are mainly five parts of my paper. Part one is about the theoretical analysis of the civil liability of the agency in security market over the third party. Part two trying to give a specific definition of each element of the civil liability of the intermediate agency mentioned above, here, the comparison methodology is employed.Part three analyzes the four factors constitute to this civil liability. Part four is about the formation of undertaking this liability and the last part is from a practical point of view, to do some research about the relevant remedy of this civil liability and to express some of the views of the author.

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