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The Legal Research on Protection of the Stock Market Investors’ Information Right

Author: PengYiLiu
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Investors’ right to know Disclosed information Right to inquires Right to consult Right remedy
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 25
Quote: 0
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Abstract


The stock market investors’ right to know means that the principal transactions party, especially small investors , in the securities market have the right to access each other disclosure real and effective trading information and inquiry, refer to the other side and trade related information actively. With the continuous development of the securities market , more and more investors into this market . Because of the lack of information collection, resources and professional technology, investors ability obvious weak in listed companies and securities companies, and other financial institutions. So stock market investors, especially small investors in trading often disadvantaged ,and the rights vulnerable to attacks . However, at present,our country have no special laws and institutions to protect investors. Based on protecting the legitimate rights and interests of investors and safeguard the securities market and promote fair and healthy development of capital market’s investors’ basic rights should be as first concern. Therefore, in referencing protection attitude and legislative policies from other countries, and the analysis research of foreign research institutions for every subject in the securities market.and combined with the situation of China, with the definition of stock market investors as a start ,this paper discuss the principle for protecting investors’ right on an abstract level and explore the important significance for the investors’ right to realize in view of information and the way to realize the right and to reliev it.This paper will be divided into four parts----the definition of stock market investors, the principle for protecting stock market investors’right ,the infringement of stock market investors’right, the mechanism for protecting and perfecting stock market investors’right.The first part, the right of stock market investors will be compared with the general civil rights primarily. Defining the meaning and characteristics of the stock market investors’right. In this basis. and respectively expound the stock market investors according to the different types of the investors and investment securities.The second part is the principle for protecting the right of stock market investors. This part will put forward the principle for protecting the right of stock market investors with the macroscopic and abstract for perspective by aiming at the situation which is short of the protection agencies and the special law. Among them, the most important principle is the honesty and credit principle and the most Critical principle is the timely and effective protection principle.The third part, this paper will expound that the information is an important guarantee for achieving investors’right firstly and expound the pivotal role about the authenticity, timeliness , integrity of information secondly. In addition, this paper will analyze the various violations about the investors in the securities market because of the insider trading, false statement and the inadequate information by enumerating cases. This paper will emphasize the importance of protecting right establish the protection mechanism for stock market investors also.The fourth part is the protection and perfect mechanism of the stock market investors’ right. In the substantive side, this paper will expound the concrete realization of the right by referencing foreign legislation and related institutes’ research on investors’ protection attitude and policy, On the one hand, in order to get the company information, investors consult and inquire actively, on the other hand , the obligation subject should disclosure information publicly. In the procedure side, for the sake of prompting and relieving effectively the investors’ right, the legal system will widen and perfect the useful channel. Then it can protect the stock market investors’ right completely and systematically.

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