證券違法成本的法律分析與調整研究.pdf

1、湖南大學碩士學位論文證券違法成本的法律分析與調整研究姓名：徐康申請學位級別：碩士專業(yè)：經濟法學指導教師：王遠明20070401IIAbstract After more than 20 years development, China Securities Market slowly tends to mature. But, in the market illegal activity still emerged one after

2、 another incessantly. This on the one hand has enormously harmed investor's benefit, nearly caused investor's enthusiasm and the confidence completely lost. This on the other hand has harassed the normal marke

3、t order, greatly hindered the healthy development of the securities market. Therefore, it is necessary to study the reason of China Securities Market illegal activity continuously, and propose the corresponding counte

4、rmeasure to attack and the prevent securities market illegal activity. Illegal activity frequently occurred in China Securities Market, the most of researches thought the reasons lie in that the relevant laws were not

5、perfect, the government structure of listed companies was imperfect, managing department supervision was not in place and so on. But must emphasize, the benefit is the primitive power of human survival and development.

6、 According to the theory of Law and Economics, including the people who implemented illegal activity decision-makers are rational law “Economic Man”, and can decide their behaviors through the cost and the income co

7、ntrast, cause the cost that oneself pays to be small as far as possible, but gains are maximized as far as possible. Therefore, we can use the methods of Law and Economics, and from the point of illegal cost study the re

8、ason that illegal activity frequently happened in China Securities Market. In this paper, the securities illegal cost is the private cost born by the subject who breaks the law, rather than the social cost. At present, t

9、he china securities illegal cost situation is somewhat low on the whole, needs to be adjusted. In foundation of analyzing reasons that illegal cost at present on the whole is somewhat low, profiting from the experience o

10、f developed countries and regions adjusting securities illegal cost, put forward several proposals for legal adjustment of china securities illegal cost, China's securities law for the legal costs of the restructuri

11、ng proposals: Mainly is consummating the legal system in adjusting securities illegal cost、 the supervising and managing department increasing the administrative punishment dynamics、enhancing the legal responsibility a

12、nd the civil liability of illegal behavior and so on. We hope illegal cost in china securities will be enhanced to the quite reasonable position, and effectively attack and prevent securities illegal activity. Key Words: