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我国证券市场在近三十年的发展中,出现了很多虚假陈述案件,但是国家立法在证券立法上还不完善,在证券市场中虚假陈述所引发的民事赔偿问题上存在很多争议。本文从《最高人民法院关于审理证券市场因虚假陈述引发的民事赔偿案件的若干规定》出发,对虚假陈述中前置程序存在、民事赔偿计算问题这两个问题阐述相应看法及建议。
In the development of the securities market in our country for nearly thirty years, there have been many false statements. However, the national legislation is still imperfect in the legislation of securities, and there is much controversy over the civil compensation caused by false statements in the securities market. Based on the “Supreme People’s Court’s Several Provisions on Trial of Civil Compensation Cases Caused by False Statements in the Securities Market”, this article elaborates the corresponding opinions and suggestions on the two issues of pre-existing procedures and calculation of civil compensation in false statements.