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Insider trading civil damages amount determined system

Author: YinLinChun
Tutor: MeiShenShi
School: China University of Political Science
Course: Legal
Keywords: Insider trading The Insider Dealing civil damages The Insider Dealing civil damages amount
CLC: D922.287
Type: Master's thesis
Year: 2010
Downloads: 188
Quote: 0
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Abstract


This paper discusses how to determine the issue of insider trading civil damages amount. The first chapter discusses the basic theory of insider trading civil damages, including the meaning of insider trading, the dangers of insider trading, insider trading civil damages in the nature and characteristics of the responsibility. This paper mainly discusses the determination of the amount of insider trading civil damages, not too much of the meaning of insider trading and focus only on the basis of existing through said mention of victims of insider trading, insider trading, and damages request the right people. Hazards on insider trading, the paper mainly illustrates the dangers of insider trading against the interests of investors in securities and insider trading on the securities market, pointed out the necessity and value of the system of insider trading civil damages. Securities insider trading civil damages qualitative special tort liability for violation of the law, and that it has the following characteristics: the occurrence of the field is special, and the special responsibility of the main complex and loss of causality is difficult to determine. The second chapter in a the Insider Dealing civil principles and framework of the system is determined based on the amount of damages to determine the value of the system. These principles include: necessary to maximize the protection of the interests of investors, but also justice for the people of insider trading; both actionable and scientific; should not only pay attention to the interface between the legal but also beyond the original legislative level appropriate. Insider trading civil damages in the amount determined to include the following four parts: the insider trading civil liability for damages and claimant; facts insider trading civil damages and compensation ranges; insider trading behavior and damage determine the causal relationship between the facts; insider trading civil The method for determining the amount of damages. The third chapter describes the system of the United States and Taiwan, China's insider trading civil damages in the amount determined, and they are in accordance with insider trading civil damages amount to determine the framework of the system of the sort. On this basis, the author of the theory and judicial practice, analyzed and summarized to determine the amount of compensation for our insider trading civil damages system can learn. The focus of this article is the fourth chapter of insider trading civil damages amount determined system, the part of both absorption the outside insider trading civil damages regime legislation, innovation, and at the same time learn from our ECONOMIC PROBLEMS The contents of the legislation. I believe that should be the people of goodwill and insider trading at the same time engaged in reverse and investors traded insider trading transaction price for the compensation claimant. Civil damages, including: post losses trading securities and associated with the commission and stamp duty, and dividend or interest can not be offset against the amount of compensation. The author uses a calculation method based on the combination of actual incentives to spread the practice in the method of calculation of the amount of compensation, so that both the strong operational calculated both scientific. In the identification of the causal relationship between insider trading and civil damages usually legal presumption of a causal relationship to say, but a more detailed discussion weaken or even overthrow the causal relationship, can maximize the fair treatment of insider trading and insider trading in determining the amount of civil damages is more scientific.

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