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共同侵权责任是指2人以上共同侵权造成他人损害的,所应承担的连带责任。一般认为,共同侵权责任的构成包括主体为多个,行为人主观上有共同的过错,所致损害是同一的、不可分割的,数个共同行为与结果之间有因果关系。证券市场因虚假陈述而引发的共同侵权责任因为行为的特殊性,在共同责任的构成上与传统的共同侵权责任相比较也有其复杂性。在这一问题上,以判例法和成文法共同构建的美国法上的证券市场共同责任对我们相关证券立法和司法有独特的借鉴意义。本文在阐述美国证券法的基础上对我国相关的立法予以评述,以期促进其完善。
Mutual tort liability refers to the joint and several liability that should be borne by two or more people who are jointly caused by the infringement. It is generally believed that the constitution of the common tort liability includes multiple subjects and the actors have common subjective mistakes. The damage caused is the same and indivisible, and there are causal relations between several common behaviors and the results. Because of the particularity of behaviors, the common infringement liability arising from the false statement in the securities market also has its complexity in the composition of the joint liability as compared with the traditional liability of joint infringement. On this issue, the common responsibility of the securities market in the United States Law, which is jointly established by case law and written law, has unique reference to our relevant securities legislation and judicature. Based on the explanation of the securities law in the United States, this article reviews the relevant legislation in our country in order to promote its improvement.