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The Civil Compensation Responsibility of the Securities is Studied

Author: ChaiYong
Tutor: BianXiangPing
School: Wuhan University
Course: Legal
Keywords: Stock market Securities Infringement Compensation System
CLC: D923
Type: Master's thesis
Year: 2004
Downloads: 125
Quote: 1
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Abstract


This article 5 Chapter 13 discusses the general theory of the Securities Civil Responsibility Principle of the request for compensation of the form of action , the method of calculation of the amount of compensation as well as the current compensation system defects and improve . Chapter clarify the concept and characteristics of the securities , securities civil liability , discusses the concepts and types of civil violations of securities . The second chapter discusses the nature of the securities civil liability for tort liability , securities subject of civil liability classified , discussed in detail in their respective rules principle , the main responsibility , no-fault liability principle were applied the presumption of fault liability principle and fault the principle of responsibility . The third chapter discusses securities civil compensation proceedings in the form of the species and the relevant provisions of a comparative study of the form of action on the foreign groups , elaborated form of group action in the United States , Japan and Taiwan of China and Germany, and China representative litigation system distinction , introduced a form of China's securities litigation in civil litigation , and clear in securities tort cases , determined by the number of representative litigation representative action . The fourth chapter deals with the particularity of the securities case damages , theory and judicial practice six calculated , and carried out a detailed analysis and description of judicial interpretation of the identification and calculation of the loss . Chapter system securities civil compensation provisions of the Securities Act system of norms , analysis and pointed out the shortcomings and deficiencies of the current system of compensation and value orientation , the entity technically , the manner and procedure of litigation , as well as law -borne based on the finest four aspects of the Supreme Court promulgated on January 9, 2003 , the provisions of how recommendations .

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CLC: > Political, legal > Legal > Chinese law > China and France
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