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Legal Research on the Manipulation of Securities Market

Author: WangJiXin
Tutor: ZhaoLiMin
School: Shanxi University of Finance
Course: Economic Law
Keywords: Securities Market Manipulation of the Securities Market Legal Regulation
CLC: D922.287
Type: Master's thesis
Year: 2006
Downloads: 99
Quote: 1
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Abstract


Looking from the practice s securities legal system in various countries, the manipulation of securities market is of great harm to the healthy development of the securities market. The manipulation of securities market , the insider trading and false representation statements constitute jointly three key securities violations which Securities law should focus on. Countries and regions all over the world have been committed to the prevention and control of the manipulation of securities market. But in recent years, the manipulation of securities market presents many new tendencies, its method developed unceasingly. China’s securities market is an emerging and transition market. Because of the lack of a complete market behaviour norms and the necessary social integrity, it floods the manipulations since it was founded.To prohibit the manipulation of securities market is an important content of China’s securities market standardization construction . It is also an objective need of healthy development of China’s securities market. Severely punishing the manipulation of securities market legally is of great significance on preventing excessive stock market speculation, protecting the legitimate interests of investors and promoting the healthy and standard development of China’s securities market .This article takes the manipulation of securities market as the research object, using comparative analysis approach, empirical analysis approach, and historical analysis approach and other approaches. On the one hand, the article systematically carried on the legal general analysis to the manipulation of securities market. On the other hand, it conducted an in-depth discussions on the manipulation of securities market in our country and how to conduct effective regulatory system on it through comparing and analyzing the Chinese and foreign law on the manipulation of securities market.The paper falls into five parts:The first part makes detailed analysis and presentation on the concept, causes, nature, harmfulness of the manipulation of securities market.Part Two introduces three elements the manipulation of securities market and gives a detailed introduction on the form of expression of manipulation activities.Part three, a comparison is made which is about the mechanism of supervision and the elaborate legislation concerning the foreign countries and a standing point is made that the supervision system in securities market is going to the modern model. The author studies relevant rules of Securities Law in U.S.A., Britain, Japan, Hong Kong and Chinese Taiwan in detail, making our country use for reference securities regulation relative legislative experience of developed country offer possible.Part four, this text has introduced Securities Law of our country about manipulating also the legal structure of current situation, and have analyzed the problem existing in the relevant legal structure of behavior to the market in our country.Finally, the author puts forward his own proposal on the legal regulations of the manipulation of securities market in China’s securities market. The author also proposed that only t combining the advance prevention mechanisms and subsequent regulatory relief mechanism organically, the manipulation of securities market can be controlled at a minimum.

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