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Study on the Legal Problems of Civil Damages by False Statements in Securities Market

Author: WuChengFeng
Tutor: ZhuoWuYang
School: Southwest University of Political Science
Course: Legal
Keywords: False statements Civil damages Aggregate measurement Systemic risk
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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Abstract


Along with deepening reform of market economy in our country, china securities market has experienced 30 years of development. Its scale is unceasingly expanding, the relevant laws and regulations are perfecting. In the achievements we also should see that due to improper for securities market positioning and the legal tradition, securities civil compensation system have been ignored for a long time, relevant regulations vacuous and lack of maneuverability.The problem of computating the amount of damages is the most important thing in the civil damages cases of securities market. Because law no maneuverability, and related scholars opinion also differences huge, so for a long time the court could mot handle in such cases. In view of the above situation, January 9,2003, the judgment released Several Provisions On Trial For Misrepresentation Civil Damages Cases Jn The Securities Market Of The Several Provisions,giving the provision on the calculation of damages,and marked the involving false statement securities civil compensation system really be established. The paper based on the specific case of forehead, find out the problems in the calculation of the damage on the differences of the parties, then adopts comparative analysis and logic analysis method for all parties to find views demonstrated respectively a namely compliance with the law, and reasonable damage amount metering method.This paper is mainly divided into four parts, its contents are as follows:The first part give some simple introduction on a had actually occurred, and after court cases, the plaintiffs lawsuit case, the defendant’s defence and the court ruling.The second part, find out the case in civil damages both sides on several major differences, summarizes as the following:(1) determination properties of the false statement civil liability for compensation; (2) false statements revealed, on or corrections to confirm; (3) voting what method of calculating the investors lose (4) market recognition and measurement how systemic risk.The third part, introduce the domestic and international academic circles and practice the main theories for the above differences.The fourth part, through comparative analysis and logic analysis, combining China’s current specific laws and judicial practice, the false statement civil liability will be recognized as tort liability,causing expose and cognizance or correction on false statement, more refined, based on the calculation of the weighted average method, the difference between the market losses of systemic risk recognition and measurement in securities markets, and in contact quantitative indicators and securities market false statement civil damages calculation.So provide a complete set of the differencesl.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
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