当前我国《证券法》对于证券公司从业人员持有、买卖股票持全面禁止态度,这在各国立法例中并不多见。通过考察《证券法》颁布和修订的两次立法背景可以探知我国立法者在这一问题上的考虑。世易法移,《证券法》对内幕交易之规制实现从身份主义到行为主义的转向已经具备现实的制度基础,有限度地允许证券公司从业人员持股是合乎法理的权利回归。 At present, the “Securities Law” of our country holds a complete ban on stocks held and traded by securities practitioners, which is rare in the legislation of various countries. By examining the two legislative backgrounds promulgated and amended by the Securities Law, our legislators can consider this issue. The transition from the rule of securities law to the regulation of insider trading has already had a realistic institutional basis from the ideological to the behavioral. It is a lawful right to return the stock rights of the securities companies to a limited extent.