Research on Securities Fraud Tort Compensation

Author: Chen Jie
Publisher:
Publish Date: 2002-11-01
Features: This book takes securities fraud as the research object, with the tort liability system as the main thread, and refers to the relevant rules of developed countries and regions in the world securities market. Combining the objective reality of China's securities market, it conducts an in-depth study on the basic theory and technical design of the tort liability system for damages caused by securities fraud. On this basis, it proposes a legal framework and technical rules to improve China's tort liability system for damages caused by securities fraud, in order to enhance the rule of law in China's securities market.
Chapter 1: Based on China's national conditions, it discusses the value of the civil compensation system for securities fraud from the perspectives of legal foundation, economic analysis, social significance, and securities regulatory function. This is the value foundation of this book.
Chapter 2: Starting from the particularity of securities fraud, it takes the composition of tort liability as the main thread, analyzes in detail the damage, causal relationship, principle of attribution, defenses, and definition of compensation in securities fraud tort liability, systematically explaining the basic theory of the tort liability system for damages caused by securities fraud. This is the theoretical foundation of this book.
Chapter 3: Taking false statements as the research object, guided by the basic theory of the tort liability system for damages caused by securities fraud, it focuses on comparing and analyzing the civil compensation rules for false statements in the United States, and specifically discusses the tort liability for damages caused by false statements from the perspectives of tort acts, the definition of parties, the composition of tort liability, and the amount of compensation.
Chapter 4: From the perspective of tort subjects, it specifically analyzes the responsibility of different subjects in the securities market, including issuing companies, securities underwriters, professionals, and senior management of companies, in the false statement fraud.
Chapter 5: Taking insider trading as the research object, guided by the basic theory of the tort liability system for damages caused by securities fraud, it focuses on comparing and analyzing the civil compensation rules for insider trading in the United States, and specifically discusses the tort liability for damages caused by insider trading from the perspectives of tort acts, the definition of parties, the composition of tort liability, and the amount of compensation.
Chapter 6: Taking insider short-term trading as the research object, based on a comparative analysis of relevant legal rules in the United States, it specifically discusses the attributional liability of insider short-term trading from the perspectives of the objects of regulation by attributional rights, the requirements for exercise, and the procedures for exercise.