谈证券市场因虚假陈述引发的民事诉讼

On the Civil Lawsuit Caused by False Statement in Securities Market

长期以来,我国证券市场侵权诉讼立法以及司法实践都处于滞后状态,甚至一度出现了暂不受理此类案件的情形。但在加入WTO后,我国明显加快了证券市场立法步伐。随着立法的不断完善,在司法审判实践中要求更好地予以贯彻执行。证券市场虚假陈述民事侵权案件是法院在受理的案件中较复杂的、专业性、技术性很强的案件。涉及到一系列证券专业知识及技术。因此,新出台的《规定》对该类案件中原、被告的确定、被告的归责责任、因果关系认定、诉讼模式、前置程序、赔偿额的确定等方面作了详细的规定。

Tort litigation legislation and judicial performances in securities market of China have been in a back state for a long time. Even it happened that this kind of case was not accepted in court once. After being the member of WTO, China has speeded up the development of legislation on securities market evidently.With the improvement of legislation,we should pay more attention to putting into judicial practice.False statement in securities market is a kind of civil torts. It is a more complex, professional and technical case and is concerning a series of professional knowledge and skills on securities. Therefore, the Regulation which was promulgated recently gives a detailed description about the settlement of plaintiff and defendant, the imputation of defendant liability, the determination of causation, the model of litigation, the procedure of prerequisite and the amount of compensation.