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一、导言近年来,我国证券市场上虚假陈述问题非常突出,严重损害了投资者的合法权益,并影响到证券市场的健康发展。虚假陈述的民事责任制度具有其独特的损失填补及吓阻预防的功能,对于市场秩序的维持具有重要意义。我国学界和实务界对于虚假陈述的民事责任制度已经展开了大量的探讨和研究,为我国建立和健全该制度做出了努力。我国自2003年2月1日生效的最高人民法院《关于审理证券市场
I. Introduction In recent years, the issue of false statements in China’s securities market has become very conspicuous. It has seriously damaged the legitimate rights and interests of investors and has affected the sound development of the securities market. The system of civil liability for misrepresentation has its unique function of filling in losses and deterring prevention, which is of great significance to the maintenance of market order. China’s academic and practical circles have conducted extensive discussions and studies on the civil liability system for misrepresentations and made efforts to establish and perfect this system in our country. China’s Supreme People’s Court, which came into force on February 1, 2003, "conducts the trial of the securities market