证券律师的职责规范与业务拓展

Securities Lawyers' Responsibility Standards and Practice Fields Development

我国律师证券法律业务的规则体系渐趋成型,以证监会、司法部"管理办法"为核心,呈现出较清晰的思路和层次。另一方面,针对当前律师事务所相关实务的调研表明:若干早期规范已难以适应资本市场的快速发展,亟待调整;律师尽职查验仍遭遇各种现实障碍;各中介机构之间的职能和责任边界不甚明确;律师业务领域有必要拓展,例如尝试牵头起草招股书;"管理办法"中的一些要求值得推敲,监管部门应提高服务水平。

The regulatory regime of securities lawyers has been taking shape with an increasingly clear vision, which is centered in the 2007 CSRC ＆ MOJ Rule and gradually becoming specified at various levels. Nevertheless, a recent investigation and survey shows that some early rules are outdated, and the lawyers often encounter obstacles while carrying out their due diligence. There are overlaps and conflicts amongst the securities intermediaries in terms of both duties and liabilities. The practice fields for lawyers should be expanded further, for instance, to have a trial for taking the leading role when drafting the prospectus. Some requirements merit reviewing within the CSRC ＆ MOJ Rule, and the regulators might well initiate measures to improve their services and support.