关于我国《证券法》修改的若干思考

Some Thoughts about the Revision of China's Security Law

《证券法》是我国证券市场的根本大法,对中国证券市场的发展起到了巨大的推动和规范作用,同时也为证券市场长期稳定发展奠定了坚实的法律基础。但随着我国证券市场的快速发展,《证券法》也暴露出不少问题。虽然出于实际操作的需要,相关单位出台了一些通知、规定试图对《证券法》予以补充,但证券法的修改确实已迫在眉睫。对《证券法》的修改应把握前瞻性和着眼大处这两点,充分考虑对投资者保护的民事责任制度、分业管理与混业经营、市场体系的多层次性、与相关法律的协调等十大问题,着眼干整个证券市场长远的发展,在处理现实问题的同时为证券市场的进一步开放和市场发展预留空间。

Security law is the basic law of China's security market, it had great pushing and normalized effect on the security market, meanwhile it also laid a solid juristic foundation for the long-term stabilized development of the security market. But with the quick development of China's security market, many problems in the security law manifested themselves. Although as the need of practice, some related government departments have issued some announcements and regulations, in order to supplement the security law, the revision of the security law is indeed quite urgent. To revise the security law, we should grasp two points: the foresight and keeping an overall assessment, we should think over the civil responsibility institution for the protection of investors, the supervision of divided industries and operation in mixed industries, the multiple levels of market system, the coordination of related laws and so on, about ten problems, and we should concentrate on the long-term development of the whole security market, reserve some place for the further opening and development of the security market while dealing with real problems.