Thinking of Several Issues on Civil Compensation System Caused by False Statement in China’s Stock Market
|School||East China University of Political Science|
|Keywords||stock market false statement civil compensation|
This thesis focuses on the civil compensation system caused by false statement in China’s stock market, and adopts analyzing, summarizing and empirical research methods to discuss. This article mainly according to relevant judicial interpretation documents announced by the Supreme People’s Court, analyzes and rethinks the several issues exist in the civil compensation system caused by false statement at present stage, and combined with the author’s thinking to restate each issue. This thesis is divided into four parts:In Chapter 1 the author mainly discusses the preposing procedure of civil compensation action. Firstly the author introduces the design reason and necessity, as well as the theoretical circle’s criticism reasons of the preposing procedure. On this basis, the author rethinks it dispassionately and draws a conclusion. Finally, the author puts forward reform suggestions for preposing procedure at current stage, i.e. enlarge the range of documents required by the preposing procedure.In Chapter 2 the author mainly discusses the system of rules of loss definition in security civil compensation system. It includes the principle of loss definition and loss calculation methods. This part starts from the difficulty to identify loss and the importance of loss definition principle caused by false statement, analyzes and draws lessons from the loss definition principle of civil compensation in American and Taiwan, then the author gets the direct loss principle adopted in China and proves it. Finally the thesis conducts comment for the two aspects of the loss definition system, finds the existing defects, revises and perfects them finally.Chapter 3 mainly focuses on whether the systematic risk often met by the Court when hearing similar cases should be deducted. First it introduces the main argument on systematic risk in theoretical circles, then it adopts the demonstration method, and uses the case of Daqing Lian yi and the case of Yinxing Energy to explain the attitude to this issue in judicial practice. Finally the author proofs the irrationality of the deduction of systematic risk.Chapter 4 mainly focuses on the issue how the civil compensation responsibility of false statement can finally be realized. The thesis starts from the significance of resolving this issue, suggests taking measures from three aspects to solve the issue. Firstly it takes the case of Dongfang Dianzi as an example, analyzes the positive function of mediation system in civil action of security civil compensation. Secondly it puts forward to establish the Alternative Dispute Resolution System and property protection system for China’s security civil compensation.