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进几年来,我国证券市场蓬勃发展,投资形式多样化丰富了人们的投资渠道,更多人开始通过投资证券分享改革成果。诚然,我们这些年在证券法制建设方面取得了不少进步,但监管体制仍不健全,一些涉及投资者利益受损的事件日益增加,尤其是股票市场如大庆联谊案、吉林敖东虚假陈述案等。虚假陈述如何界定?它所引发的民事责任请求权基础是什么?本文拟结合司法解释通过法理分析对这一问题做一些探讨。
In the past few years, the vigorous development of China’s securities market and the diversification of investment patterns have enriched people’s investment channels and more people have begun to share the fruits of the reform through investment securities. Admittedly, we have made great progress in building the securities legal system in recent years, but the regulatory system is still not perfect. Some incidents involving the deteriorating interests of investors are increasing. In particular, the stock market such as Daqing friendship party, Jilin Aodong false statement Wait. How to define the false statement? What is the basis of the civil liability claim it caused? This article intends to make some discussions on this issue through legal analysis combined with judicial interpretation.