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证券侵权民事责任因果关系是指证券侵害行为与损害后果之间引起和被引起的关系,其具有形式的复杂性、取证困难、社会性明显的特点。美国证券侵权民事责任因果关系理论建立在普通法的因果关系理论上,是由判例积累中逐步归纳出来的,具有类型化、针对性强的特点,因果关系的证明比较灵活,不同的侵权责任因果关系的证明要求不同。而我国的证券侵权因果关系理论受传统的大陆法系和前苏联因果关系理论的影响,高度抽象,不易操作,举证非常困难,成为保护投资者的一道障碍。我们应借鉴美国相关理论的优点来完善我国证券侵权民事责任因果关系理论。
The causation of the civil liability of securities infringement refers to the relationship between securities infringement and the consequence of damage, which is caused by the complexity of form, the difficulty of obtaining evidence and the obvious social characteristics. The theory of causation of civil liability for securities infringement in the United States is based on the common law causation theory, which is gradually inducted by the accumulation of jurisprudence and has the characteristics of type and pertinence. The causality is proved to be more flexible. Different causes of tort liability The proof of relationship requirements are different. However, the theory of causation of securities infringement in our country is highly abstract and difficult to operate due to the influence of the traditional civil law system and the causality theory of the former Soviet Union. It is very difficult to prove the securities and it becomes an obstacle to the protection of investors. We should draw lessons from the merits of the relevant theories in the United States to perfect the theory of causality in the civil liability of securities infringement in our country.