A Study On The Application Of Tort Law In Civil Liability Of False Statements In China

In the judicial practice and theoretical research of the United States,the loss causation as one of the elements of civil liability for the establishment of securities false statements from the perspective of tort law is that the standard of burden of proof and recognition is often used as the protection of investors and the prevention of two kinds of conflicting interests The regulator functions and reflects the policy considerations in a country's anti-securities fraud laws.China's "Securities Law" and the Supreme People's Court "on the securities market due to false statements caused by a number of civil compensation cases," the provisions of the false statement of civil liability and its causal elements of the provisions of the provisions,in particular,"provisions" in the causal relationship The provisions of the United States case law to establish the "refute confidence assumption" rule,with the presumption of the provisions of the plaintiff qualification and the scope of compensation,belonging to the establishment of securities fixed responsibility elements.However,according to the causal relationship between the presumption of the establishment of securities fixed liability rules,there is no consideration of the emptiness of false statements,unreasonable to exclude some of the qualifications of investors prosecution and other defects.So,in addition to the above-mentioned securities liability,whether from the perspective of the establishment of tort liability,so that investors can be in the "provisions" presumption of causality outside the scope of the request for compensation,based on what legal basis to seek compensation from the false statement of infringement What is the role of the responsibility of the claim than the securities liability? This paper intends to analyze these related theories and jurisprudence,and then analyze the development of the theory of causal relationship in the United States and the judgment of Dura Pharmaceuticals,Inc.v.Broudo of the Federal Supreme Court,and then combine the existing laws and regulations related to false statements in China And the jurisprudence,the application of the tort law in the civil litigation of the false statement of our country,the establishment of the loss causation,the distribution of the burden of proof and the way to calculate the damage.