Research on the Right of Injunction against Securities Fraud and Damages

Author: Chen Jie
Publisher:
Publish Date: 2002-11-01
Features: This book focuses on securities fraud as its research subject, with the tort liability system as its main thread. It references the relevant rules of developed countries and regions in the world securities market and combines the objective realities of China's securities market to conduct an in-depth study of the basic theories and technical design of the securities fraud tort liability compensation system. On this basis, it proposes a legal framework and technical rules to improve China's securities fraud tort liability compensation system, aiming 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 securities fraud civil compensation system from perspectives such as legal foundations, economic analysis, social significance, and securities regulatory functions. This serves as the value foundation of the book.
Chapter 2: Starting from the particularity of securities fraud, it takes the composition of tort liability as the main thread to analyze in detail the damage, causal relationship, liability attribution principles, defenses, and the definition of compensation in securities fraud tort liability. It systematically explains the basic theories of the securities fraud tort liability compensation system, which serves as the theoretical foundation of the book.
Chapter 3: Taking false statements as the research subject, guided by the basic theories of the securities fraud tort liability compensation system, it focuses on comparing and analyzing the civil compensation rules for false statements in the United States. It specifically explores the tort liability compensation for false statements from aspects such as tort acts, the definition of parties, the composition of tort liability, and compensation amounts.
Chapter 4: From the perspective of tort subjects, it specifically analyzes the liability of different entities in the securities market, including issuing companies, securities underwriters, professionals, and senior management, in the context of false statement fraud.
Chapter 5: Taking insider trading as the research subject, guided by the basic theories of the securities fraud tort liability compensation system, it focuses on comparing and analyzing the civil compensation rules for insider trading in the United States. It specifically explores the tort liability compensation for insider trading from aspects such as tort acts, the definition of parties, the composition of tort liability, and compensation amounts.
Chapter 6: Taking insider short-term trading as the research subject, it focuses on comparing and analyzing relevant legal rules in the United States. It specifically explores the attributed liability of insider short-term trading acts from aspects such as the objects of regulation, conditions for exercise, and procedures for exercise.