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自我国开放证券市场以来,虚假陈述的事件层出不穷,而我国在传统行政调节手段运用的情形下,问题的解决显得捉襟见肘。司法途径不失为一种有效的解决方式,且公益诉讼作为一种现代的诉讼类型已经进入了公众的视野。以公益诉讼作为虚假陈述案件的解决方案,有助于解决虚假陈述案件举证难,调查难,诉讼成本与收益失衡,权力缺位等问题,更有利于保障虚假陈述中受害者的权利,为投资人提供更有力的救济渠道。以公益诉讼解决虚假陈述,利用国家公诉机关或社会团体地位,有利于解决投资人诉讼成本问题,且更具有专业性,信息来源更为直接与真实,体现出极大的优越性。
Since our country opened the securities market, the events of false statements have emerged one after another, and in the situation that the traditional administrative adjustment means are used in our country, the solution of the problems appears to be stretched. Judicial approach is an effective solution, and public interest litigation has entered the public field of vision as a modern litigation type. Taking public interest litigation as a solution to false statement cases helps to solve the problems such as the difficulty of making evidence, the difficulty of investigation, the imbalance of litigation costs and benefits, the absence of power and other issues in cases of false statements, and is more conducive to safeguarding the rights of victims in false statements. People provide more effective relief channels. The public interest litigation to solve the false statements, the use of state prosecutors or social groups, will help solve the litigation costs of investors, and more professional, more direct and true source of information, reflecting the great advantages.