证券市场导报Issue(1)：16-25,50,11.
证券虚假陈述的危险信号理论
摘要
Abstract
In China's securities law,red flags are beginning to be used to demonstrate that the party responsible for a securities misrepresentation fails to fulfill the duty of diligence.The introduction of red flags theory helps to optimize the logic of signature-as-liability enforcement and cracks down on violators with scientific precision.However,the application of the red flags theory is still in the preliminary stage in China.The judicial practice of applying the red flags theory in the US securities law helps us better determine red flags and enhances the certainty and predictability of the red flags theory.Although red flags may vary from scenario to scenario and even from person to person,they have certain boundaries.Red flags should be a specific fact that occurs in the issuer's own company,have warning significance,be directly related to the defendant's subjective fault,and reach a certain amount or proportion.Red flags are also a double-edged sword that can not only be used to argue that the defendant fails to exercise the duty of diligence but also be used to defeat less prudent investors who have been voluntarily disclosed by the issuer.关键词
危险信号/信息披露/虚假陈述/勤勉义务/过错推定Key words
red flags/information disclosure/misrepresentation/duty of diligence/presumption of fault分类
社会科学引用本文复制引用
邢会强..证券虚假陈述的危险信号理论[J].证券市场导报,2024,(1):16-25,50,11.
