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截至2003年12月底,我国证券市场个人投资者达开户总数的99.47%以上。由于专业知识以及信息的缺乏,广大个人投资者仍处于弱势地位。为了保护投资者的合法利益,我国在立法上明确了虚假陈述制度,但对于虚假陈述民事责任法律性质却没有准确定性,理论界中存在着合同责任说、侵权责任说与独立责任说之争。本文从此三种学说入手对虚假陈述民事责任法律性质加以研究,提出将其法律性质定性于侵权责任与合同责任的竞合。
As of the end of December 2003, individual investors in China’s securities market reached more than 99.47% of the total number of accounts opened. Due to lack of professional knowledge and information, the majority of individual investors are still in a weak position. In order to protect the legitimate interests of investors, our country has clarified the system of false statements in legislation. However, the legal nature of the civil liability of false statements is not accurately defined. There is a contractual responsibility in the theoretical circles, and the dispute between the theory of tort and independent responsibility. Starting from these three theories, this paper studies the legal nature of the civil liability of false statements and proposes that the legal nature of the legal liability should be characterized by the competition between the tort liability and the contractual liability.