Institutional Predicaments and Optimization Paths in the Causality Determination of Liability for False Statement of Securities

Authors

  • Jiangyu Deng

DOI:

https://doi.org/10.54097/k94yqb52

Keywords:

False statement, Causality determination.

Abstract

In recent years, with the deepening implementation of China's registration system, the number of disputes related to liability for false statement of securities has increased significantly. In practice, problems such as the overly mechanical application of causality determination in liability for false statement of securities and the lack of uniform standards for determining the day of disclosure of false statement remain unresolved. This paper, through empirical analysis and comparative law study, proposes optimization paths that include clarifying the boundaries of the application of the fraud on the market theory, expanding the scope of application for causality presumption and unifying the standards for determining the day of disclosure of false statement. The aim is to establish a regulatory paradigm for the causality determination in liability for false statement of securities with Chinese characteristics, assisting regulatory agencies in improving laws and regulations, thereby strengthening constraint of information disclosure, enhancing market transparency, and promoting the sound development of the capital market.

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References

[1] In China's first special representative securities class action—the Kangmei Pharmaceutical Securities False Statement Liability Case, a civil judgment for joint and several liability was, for the first time, rendered against an accounting firm and the responsible certified public accountants. Zhengzhong Zhujiang Certified accounting firm, which audited Kangmei Pharmaceutical’s annual reports, was held jointly and severally liable for 100% of the damages, because it “failed to perform fundamental audit procedures and exhibited significant deficiencies in its work, failing to detect severe financial fraud.” See Guangdong Province Guangzhou Intermediate People’s Court, Civil Judgment (2020) Yue 01 Min Chu No. 2171.

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[12] The core idea of the “fraud on the market theory” is that the occurrence of false statements constitutes fraud against the entire securities market. Investors make investments based on the belief that the securities market is truthful and that securities prices are fair, without needing to prove that they relied on false statements to make their investment. It is sufficient to demonstrate that the price of the securities in which they invested was affected by the false statements and was thus unfair, to establish a causal link between the investor's loss and the false statements.

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[24] Multiple or partial corrective disclosures refer to multiple or partial disclosures made to correct or clarify previously false or misleading information. Unlike a single disclosure, this situation involves the release of information on several occasions to gradually rectify or clarify the prior misinformation. In such cases, the investor’s loss may be caused by multiple corrective disclosures rather than a single disclosure event.

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Published

30-07-2025

How to Cite

Deng, J. (2025). Institutional Predicaments and Optimization Paths in the Causality Determination of Liability for False Statement of Securities. Journal of Education, Humanities and Social Sciences, 56, 129-136. https://doi.org/10.54097/k94yqb52