论证券市场虚假陈诉民事诉讼案件的诉讼机制

最高人民法院正式作出司法解释宣布受理虚假陈述民事赔偿案件,使得对于受损投资者的保护有了具体的诉讼机制。但是由于该通知固守传统的民事诉讼的模式,很难有效解决复杂的虚假陈述民事案件赔偿的问题。提出应当大胆借鉴美国的集团诉讼和律师胜诉酬金制度这两种制度,以解决我国虚假陈述民事案件的诉讼机制问题。

On the Action Form of Civil Case of Misrepresentation in Stock Market

Under the people's severe expectation, the Supreme People's Court finally made the judicial interpretation which declared to accept the civil damages case of misrepresentation, but because it abides by traditional form of civil litigation, it is difficult for the interpretation to solve the civil damages case of misrepresentation for there are so many people joining it .The author of this article thinks that we should learn lessons from the advanced experience of class action of the United States and the group action of France and Germany to reform the representative action of our country,and then to resolve the problem of the action form of the civil damages case of misrepresentation.