河北法学2025，Vol.43Issue(1)：117-137,21.DOI:10.16494/j.cnki.1002-3933.2025.01.007
证券虚假陈述比例连带责任的反思与超越
Reflection and Transcendence on Partial Joint and Several Liability for Securities Misrepresentation
摘要
Abstract
In the background of strong regulation and the surge in class action lawsuits in China,securities service institutions are facing huge compensation for securities misrepresentation,and the issue of unequal liability of securities service institutions under joint and several liability operation is becoming increasingly prominent.The court has formed a partial joint and several liability judgment in the case judgment,which responds to the reasonable demands of reality and has great innovative value.However,partial joint and several liabilities face doubts about their legality,clarity,and reasonableness.Through comparative analysis,it is necessary to break away from the appearance of partial joint and several liability,balance the interests of securities service institutions and investors,and focus on equal and precise accountability.Based on China's actual situation,we should improve the application of partial joint and several liability in the short term,and explore the configuration of an inclusive dynamic liability system in the long term.关键词
比例连带责任/过责相当/相应责任/证券侵权Key words
partial joint and several liability/equivalence of liability/corresponding liability/securities tort分类
社会科学引用本文复制引用
陈敏光..证券虚假陈述比例连带责任的反思与超越[J].河北法学,2025,43(1):117-137,21.基金项目
本文系2021年度国家社会科学基金项目"回应型法治中的金融法动态适应性问题研究"(21BFX204)的阶段性研究成果. （21BFX204）
