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当过多的信息披露造成愈来愈多的信息过载和知识超限时,信息的简约化和通俗化亦无法帮助具有内在理性瑕疵的决策者实现决策的优化,赋予决策者更多权利的撤回权和限制决策者自由的投资者适当性规则作为弥补信息披露功能边界的制度开始被引入。行为法律经济学所揭示的有限理性因素提供了限制决策者自由的必要性基础,而自由主义则为这种决策自由的限制敲响了警钟,当采取父爱主义的方式对行为人的决策自由进行限制时,此种父爱式的关怀亦有可能转化为暴虐式的专断,因而对弱者的保护应以恢复决策理性进而实现私法自治为导向。
When too much information disclosure leads to more and more information overload and knowledge overrun, the simplification and popularization of information can not help the decision maker with inherent rational flaws to optimize the decision-making and withdraw the more rights of the decision makers And the rules of investor suitability that restrict the freedom of policymakers were introduced as a system to make up for the boundaries of information disclosure functions. The bounded rationality factor revealed by behavioral law and economics provides the necessary basis to limit the freedom of decision makers. However, liberalism sounded the alarm for the restriction of such freedom of decision. When adopting the method of paternalism, When the restrictions are imposed, such paternal love may also turn into a tyrannical dictatorship. Therefore, the protection of the weak should be guided by the restoration of rational decision-making and the realization of the autonomy of private law.