Discussion on Legal Issues Concerning Inside Dealing of Securities
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This paper analyzes the insufficiency in the law system about inside dealing of securities in China.The concept of inside information and identification of inside staff is clearly explained.Furthermore,detailed suggestions are also provided for building up the civil compensation responsibility system of our country's securities inside-dealingKeywords:
Inside information
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Vladimir Elin - Associate Professor, Department of Information Security Management, Faculty of Business Informatics, National Research University Higher School of Economics.Address: 20, Myasnitskaya str., Moscow, 101000, Russian Federation.E-mail: velin@hse.ruDue to the integration processes in the fight against cybercrime, at the end of 2012 the Criminal Code of the Russian Federation included Art. 159-6, providing criminal penalties for fraud in the sphere of computer information. The disposition of this article is directly related to the relevant regulations of the European Convention on Cybercrime, ETS № 185. Thus, there is a situation when our country, not formally participating in the Convention, actually develops its own legislation in the vector defined by the existing international practice. At this, we should take into account the peculiarities of legal regulation of information processes in our country in general and the specifics of data circulation, in particular that of the lack of the Law on electronic document, non-acceptance of information as an object of civil legal problems of proof material consequences of the act. Legal regulation of information processes in the Russian society is implementing standards for Information Law, which is a completely new sphere lacking sufficiently developed legal support.The article describes the characteristics of the offense stipulated by Art. 159-6 of the Russian Criminal Code, the specifics of the computer information as a tool and means of committing crimes in the property sector, socially dangerous consequences of computer fraud. The assignment of the object of the offense to the property will inevitably give rise to the problems in practical application of Art. 159-6 of the Criminal Code to the issues related to the information holder, the amount of damage, property characteristics of data, cause-and-effect relationships between lawful acts and harmful effects, etc. Given the characteristics of the information relations in the field of storage, processing or transmission of computer information, the paper offers recommendations to improve the disposition of the Article.
Criminal Code
Cybercrime
Information Society
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This publication provides readers with the basic knowledge of legal concepts of Brazil in broader terms, with special emphasis on practical issues, so that the interested persons will be able to understand the system and pursue research on special legal problems by knowing the proper place to find the answer. The book will cover the following topics: Family and Succession Law Labour Law Criminal Law and Procedure Civil Procedure and Alternative Dispute Resolution Civil Liability Corporate and Insolvency Law Taxation Law Property Law Contract Law Constitutional Law Administrative Law Competition Law Consumer Protection Private International Law
Delict
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On the basis of the formulation, enforcement and construction of law, the paper analyzes several problems and puts forward the countermeasures and suggestions.
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There are three typical legal models of governance of company including British and America model,German model and Japanese model,which are of both advantages and disadvantage.China's model makes use of the advantages of the three,but there are still some defects because it is not so specific,concrete and operatable.The author discusses this question from the concept,legal models of the company based on the reality and science and gives us suggestions correspondingly in this paper.
Disadvantage
German model
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This handbook is intended as a desk reference for lawyers, business executives and others concerned with the acquisition of the securities or business assets of a company located outside their own national jurisdiction. The second edition has been fully revised and expanded to cover a total of 30 jurisdictions, including the European Union. Corporate lawyers from each country examine in detail 33 major legal issues likely to arise in a cross-border acquisition of shares or assets. The issues are addressed in a common format for each jurisdiction and often complex legal issues are summarised to facilitate straightforward comparisons.
Due diligence
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Foundation (evidence)
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The paper elaborate on the basic concept of estate management contract, and pointed out the relative legal issues in order to provide some references.
Property management
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Definitions are essential in any regulatory regime and the federal regulation of securities is no exception. The application of multiple statutes and hundreds of administrative rules turns on the definition of a single term, such as "offer," "sale," "issuer," or "underwriter." The most fundamental of those terms under the federal and state securities laws is the term "security." Without the presence of a security, federal and state securities laws are unavailing. This Chapter provides a brief overview of the definition of "security" under the federal securities laws. The definition of "security" appears in securities statutes, case law, and numerous interpretations by the U.S. Securities and Exchange Commission ("SEC" or "Commission"), the primary regulator with responsibility to implement and enforce the federal securities laws. Whether a security exists has far-reaching consequences for issuers and promoters offering financial arrangements to customers or clients. Under the Securities Act of 1933, the first of the federal securities laws passed in the aftermath of the Great Crash of 1929, an investment offered to the public generally must be registered with the SEC if the investment being offered is a security. Moreover, the Securities Act provides a private right of action against anyone who offers or sells a security in violation of the registration provision. The damages are a return of the purchase price of the security to the purchaser.
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Problems and Suggestions on Dealing With Tax-related Cases Through Transferring to Judicatory Reform
After China's entry of WTO,its national economy faces new chances as well as challenges.At the same time,tax and financial units concerning national economy will face them too.In this paper,some problems are summarized on dealing with tax-related cases through transferring to judicatory reform.Finally,some suggestions about key topics of its further research are put forward,so as to lay solid foundation for the linkage between the tax administrative law and judicial review.
Linkage (software)
Foundation (evidence)
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