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曾经被誉为投资者“守护者”和资本市场“看门人”的信用评级机构,在次贷危机中的表现却差强人意,甚至被公开指责正是由于其虚高的评级结果才导致了危机。面对巨大的损害,评级机构难辞其咎,理应承担相应的法律责任。于是,信用评级机构应该承担的责任尤其是民事责任成为目前探讨的热门话题,各国金融监管部门和金融学者也都纷纷展开对信用评级的研究。故本文拟通过对信用评级机构的研究,深入探讨信用评级机构应承担的民事法律责任问题,对构建我国完善的信用评级法律制度体系,推动信用评级业进程进行建言献策。
Credit rating agencies, once known as investors, “guardians” and capital markets, “gatekeepers,” did not perform well in the subprime mortgage crisis and have even been publicly blamed for precisely because of their hypocritical ratings Cause the crisis. Faced with huge damage, rating agencies blame, should bear the corresponding legal responsibility. Therefore, the credit rating agencies should bear the responsibility, especially civil liability has become a hot topic for discussion, the national financial regulatory authorities and financial scholars have also started research on credit rating. Therefore, this paper intends to study the credit rating agencies, in-depth discussion of credit rating agencies should bear civil liability issues, to build our country’s credit rating system of legal systems, to promote the credit rating industry process advice and suggestions.