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The Determination of Transaction Causal Relationship in Securities False Statement Litigation Practi2023-12-31 23:13Source:Humanities, Arts and Philosophy
The Determination of Transaction Causal Relationship in Securities False Statement Litigation Practice: Taking the False Statement Case of Xinlun New Materials as an Example 证券虚假陈述诉讼实务之交易因果关系认定——以新纶新材虚假陈述案为例 Mao Guili 冒桂丽 Abstract: The causal relationship determination in securities false statement liability disputes is more special than that in general infringement cases. It is not only necessary to consider the causal relationship between false statement behavior and damage consequences, but also to determine the causal relationship between false statement behavior and trading decisions. The causal relationship in transactions solves the qualitative problem of whether or not to compensate. Only when the plaintiff buys securities based on false statements of trust, can their losses be related to the infringement of false statements. This article focuses on analyzing the factors and criteria for determining the causal relationship in securities false statement transactions, based on the case precedents of false statements in judicial practice. 摘要：证券虚假陈述责任纠纷案件的因果关系认定较一般侵权案件的因果关系认定较为特殊，不但要考虑虚假陈述行为与损害后果之间的因果关系，还需认定虚假陈述行为与交易决策的因果关系。交易因果关系解决的是定性层面的问题，即该不该赔的问题。只有当原告是基于信赖虚假陈述买入证券时，其损失才可能与虚假陈述这一侵权行为有关。本文结合司法实践中虚假陈述案件判例重点分析证券虚假陈述交易因果关系认定因素及判定标准。 Keywords: false statements in securities; types of false statements; trading causality 关键词：证券虚假陈述，虚假陈述类型，交易因果关系 DOI：10.12424/HAP.2023.005 本文链接：https://www.oc-press.com/HAP-202301-052.html
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