论保荐人的民法基础和民事责任-民商法学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract The Sponsorship system of new securities law is a grave measure taken by CSRC to deepen its reform of security issuing scheme，and is also a great effort to establish market constraint mechanism for issue of securities. In the civil view for sponsor, the ideals of from government failure to autonomy of will, improvement of tort law, deputize and assure make up of the sponsorship system’ theoretic foundation. The sponsor’civil liability is a kind of law liability aiming at the sponsor who play a role of civil body but don not fulfil the obligation to other equal body, sponsor’civil obligation has a close relation with sponsor’ responsibility. As a matter of fact, the relation between sponsor and issuing company, stock exchange, investor are all civil legal relation, so how to perfect the civil liability of sponsor is the score. And we should pay attention to distinguish sponsor’ civil liability from other market participator. Chapter 1 states the background , basis and significance of sponsor，give some introduction of the present situation of soponsor overseas. Chapter 2 elaborates the sponsor’Civil Theoretic Foundation，In the civil view for sponsor, the ideals of from government failure to autonomy of will, improvement of tort law, deputize and assure make up of the sponsorship system’ theoretic foundation.. Chapter 3 discusses the sponsor’ responsibility，which sponsor have to shoulder when issuing securities and listing and transaction. Chapter 4 discusses the function of securities civil liability and the main type of securities civil liabilities . Chapter 5 discusses the civil liability system，the relation between sponsor and issuing company, stock exchange, investor are all civil legal relation.. The last chapter analyze the deficiencies of Sponsor’ civil liability law, including lack of clear and definite distinguish, What’s more, sore provisions could not be conducted rationally. Therefore, this part put some proposals