Civil Compensation for False Statements and Protection of Investors' Rights

Author: Xuan Weihua
Publisher:
Publish Date: 2003-04-01
Features: Protection of Investors' Rights in the Securities Market: Legal Issues in Civil Compensation Cases for False Statements, Calculation Methods for Investors' Losses Due to False Statements, Operational Guidance for Investors to Initiate Class Actions, Key Issues in Protecting the Rights of Small and Medium-Sized Investors; Protection of Shareholders' Rights of Listed Companies: Shareholder Rights and the Direct Action System for Shareholders, Director Liability and the Shareholder Representative Action System. This book is divided into two parts. The first part is the Rights of Investors in the Securities Market and Their Judicial Remedies, including two chapters. Chapter primarily discusses substantive and procedural issues in civil compensation cases based on relevant judicial interpretations from the Supreme People's Court, explaining legal issues through the analysis of typical cases of false statements; Chapter 2 closely combines specific cases in the securities market to reveal key issues in protecting investors' rights in the securities trading market, especially the rights of small and medium-sized investors, and provides legal analysis on these issues. The content of this chapter is largely based on the special articles written and published by the author as a legal expert for the Investor Rights Protection Volunteer Group of Shanghai Securities News for investors' complaints, either ad hoc or by invitation. The second part covers the Rights of Shareholders of Listed Companies and Their Judicial Remedies, also including two chapters. Chapter 3, Shareholder Rights and the Direct Action System for Shareholders, analyzes the rights of shareholders in listed companies and their application, as well as the legal connotations of corporate governance, drawing on relevant foreign legislation and principles to explore and improve the protection of the rights of small and medium-sized shareholders in China. This chapter particularly focuses on the direct action system for shareholders. Chapter 4, Director Liability and the Shareholder Representative Action System, analyzes the fiduciary and due care duties of directors from both theoretical and practical perspectives, exploring methods and legal avenues to hold directors accountable.