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基于对信用评级结果的依赖,评级机构的错误评级给投资者造成了巨大损失。评级机构因评级中的欺诈、重大过失而引发的民事赔偿案件日渐增多,美国、欧盟的相关判决表明其开始不断强化信用评级机构的民事法律责任。但在设计信用评级机构法律责任机制时应当确保各方都有审慎的激励、确保权责相一致。而诉由的选择、对评级机构的过错认定等都是极为重要的。
Based on the reliance on credit rating results, the wrong ratings from rating agencies caused huge losses to investors. The civil compensation cases triggered by rating agencies for fraud and gross negligence have been increasing day by day. Relevant judgments of the United States and the European Union show that they are beginning to continuously strengthen civil liability of credit rating agencies. However, when designing the legal liability mechanism of a credit rating agency, it should ensure that all parties have a prudent incentive to ensure that their powers and responsibilities are consistent. The choice of cause of action, the fault rating agencies, etc. are all extremely important.