证券民事赔偿制度立法改革范式研究

A Study of the Reform of Legislative Model concerning the Civil Compensation System in terms of Securities

关于证券民事赔偿制度的立法导向,理论界存在着“以损害赔偿为导向”的立法模式和“以预防震慑为导向”的立法模式两种立法改革意见。笔者从立法的有效性和抗干扰性角度出发,认为“以损害赔偿为导向”的立法模式,更符合我国证券民事赔偿制度立法的法益,并在此基础上提出了未来我国证券民事赔偿制度的具体制度设计范式。

Scholars and experts have compensation system in terms of securities： two different opinions about the legislative orientation of civil One is that we should take the compensation for damages as the orientation, and the other is that we should take prevention and awe as the orientation. From the perspective of effectiveness and anti-disturbance, the author thinks that the former is more in agreement with the legal interest of China＇s legislation in this respect, and accordingly, comes up with a specific model for China＇s civil compensation system concerning securities.