Dissertation > Excellent graduate degree dissertation topics show

Research on the System of Civil Liability of Inside Trading

Author: GuoYi
Tutor: HuYue
School: Northeast Normal University
Course: Civil and Commercial Law
Keywords: Stock market Insider trading Civil liability Improve the system
CLC: D922.287
Type: Master's thesis
Year: 2010
Downloads: 205
Quote: 1
Read: Download Dissertation

Abstract


With the increasingly frequent occurrence of the securities market in China's rapid development, arising from securities insider trading, securities fraud, false statements, securities insider trading behavior and how investors suffered damages reasonable remedy how to establish appropriate securities civil liability regime to safeguard the fairness of the securities market, just the principle of openness and the protection of investors' interests into the current problems to be solved. China's Securities Law clearly stipulates civil liability for insider trading provisions are too general, no specific rules of operation, the legitimate rights and interests of investors due to insider trading damage compensation through judicial relief, there are still obstacles, but the principle of need theory research and legislation to further improve. Learn from other countries, the civil liability system research and experience in legislative practice, from the point of view of the tort, the analysis of the protection of the legitimate rights and interests of investors, a number of legal issues to be investigated for insider trading civil liability, combined with the actual situation put forward to improve our insider specific countermeasures and suggestions of trading civil liability. In addition to the preamble and the conclusion, this article is divided into four parts. The first part introduces the basic concepts of the securities insider trading, as well as national, regional legislation for insider trading situation, identify elements on insider information, and analyze the harm of insider trading and prohibited grounds. The second part analyzes the basic theory of insider trading, including the main theory of the nature of the civil liability for insider trading, the constituent elements of civil liability for insider trading, insider trading patterns of behavior and imputation principle, from the behavior, damage to the facts, causality and subjective fault The four aspects of the constituent elements of civil liability for insider trading. The third section describes the theoretical foundation of the national civil liability for insider trading and legislative practice, analysis of the United States, the United Kingdom, Germany legislation on China's legislative and judicial reference. Part IV discusses the perfection of the system of civil liability for insider trading of our securities, an overview of the status of legislation, and our legislation for regulation of insider trading which defects exist, the combination of theory and analysis of securities insider trading system of damages, including the investor class actions, shareholder The representative action lawsuit, combined with the model proposed feasibility study the Perfection of insider trading civil liability of insider trading civil litigation.

Related Dissertations

  1. The Study of Mediation of Supplementary Civil Action in Criminal Proceeding in China,D925.2
  2. Defendant conditional guilty plea punishment system for a number of issues,D925.2
  3. U.S. and BRIC markets linkage studies,F224
  4. Insider trading on stock liquidity impact study,F224
  5. System of punitive damages,D923
  6. Environmental Liability and Relief of Research,D922.68
  7. Research on the Civil Liability of Sponsors of the Securities Market,D922.287
  8. Research on the Supervision of New Securities Market Manipulation,F832.51
  9. Discussion of Question Related to Administrative Compensation and Civil Compensation,D923
  10. Punitive Damages in China’s Law System,D923.8
  11. Law Regulation and Restriction Involving Intellectual Property Abuse,D923.4
  12. Research on Our Country’s Legal System of Rural Social Assistance,D422.6
  13. Comparative Study of the Relation between Stock Prices and Accounting Information of ShenZhen Multi-level Stock Market,F233
  14. Soft terms of the letter of credit and trade settlement,F740.4
  15. Review on the Extension of Validity of Arbitration Agreement in International Commercial Arbitration,D997.4
  16. Civil Liability for False Statement,D922.287
  17. Research of Legal System in Information Disclosure by Listed Company,D922.291.91
  18. Infringement of Civil Remedy Water Pollution Research,D922.6
  19. Research on Securities Market Regulation under Conditions of Asymmetric Information,F832.51
  20. Research on Agent-Based Stock Exchange,F830.91
  21. Regulation of insider trading laws in the reorganization of listed companies,D922.287

CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
© 2012 www.DissertationTopic.Net  Mobile