As a new judgment mode in the cases of securities false statement,"proportional joint and sev-eral liability"involves how to reasonably solve the conflict between the Securities Law and the relevant ju-dicial interpretations,and the problem of how to correctly identify the fault of the infringer and the pro-portion of causative potency.For the former,In order to find the legitimacy of the application of"propor-tional joint and several liability",it is necessary to return to the theoretical context of tort liability,re-examine the"joint tort"in the field of securities false statement,and explore the legal basis of"pro-portional joint and several liability".For the latter one,in order to accurately identify the scope of re-sponsibility of the intermediary institutions in each case,it is necessary to take the performance of the duty of care of the intermediary institutions as an important standard to judge the degree of fault,and mea-sure the proportion of causative potency by the career positioning,professional scope and importance of the intermediary in securities offering.
关键词
中介机构/虚假陈述/比例连带责任/注意义务/原因力
Key words
Intermediary Institutions/False Statement/Proportional Joint and Several Liability/Duty of Care/Causative Potency
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