论信用评级机构的民事侵权责任

On the Civil Tort Liability of Credit Rating Agencies

金融危机使信用评级机构的法律责任凸显出来,在美国信用评级机构法律责任豁免的法律制度受到质疑,以信用评级机构为被告的诉讼开始增多。随着现代信用评级业的发展,信用评级机构承担法律责任有其正当性。信用评级机构民事侵权责任应以过错推定为归责原则。受评主体和合格的公众投资者可以作为民事侵权赔偿的请求权主体,信用评级机构是民事责任的承担主体。我国应当通过完善立法,建立信用评级机构民事侵权责任法律制度。

The financial crisis makes the legal liabilities of credit rating agencies highlighted. In the United States, The legal system of credit rating agencies exemption from liability is questioned. The credit rating agencies as the defendant began to increase. With the development of modern credit rating industry, the legal liability of credit rating agencies has its legitimacy. The civil tort liability of credit rating agencies should be based on the presumption of fault liability.The elements set of tort liability should be scientific. Companies been rated and qualified public investors can be as the main claim of civil tort compensation. The credit rating agencies are Civil liability subject. Through perfecting legislation, we should establish China＇s credit rating agencies civil legal system of tort liability.