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证券市场的民事赔偿制度,被看作是保护中小投资者利益最有效的法律手段,也是最后的救济手段,理应占有重要地位。但由于中国具有“重公轻私”的法制传统和资本市场本身发展的不完善性及现阶段具有的体制性缺陷,使得这一问题在中国显得尤为突出。同时,诸如红光实业、银广夏等股市大案的发生,人们比以往任何时候都更为关注证券市场民事赔偿制度。本文对于虚假陈述民事赔偿制度比较、我国目前立法现状、存在的问题以及司法实践中急需解决的热点问题作了分析展望。
The civil compensation system in the stock market is regarded as the most effective legal means and the last resort to protect the interests of small and medium-sized investors, and should occupy an important position. However, due to the fact that China has the legal tradition of “emphases and privations” and the imperfect development of the capital market itself as well as the institutional defects of the current stage, this issue is particularly prominent in China. At the same time, people are paying more attention to the civil compensation system in the securities market than ever before, such as the case of Hongguang Industrial and Yin Guangxia. This article makes a comparative analysis of the civil compensation system for false statements, and analyzes the current situation of the legislation in our country as well as the existing problems as well as the hot issues urgently needed to be solved in the judicial practice.