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现行《证券法》颁布于2005年10月27日,距今已有八年时间。八年来,中国的资本市场发生了较大交化,各类金融产品、金融创新不断涌现,多层次资本市场建设已作为一个重要命题被提上国家经济建设的议事日程。~([1])对此,八年前的《证券法》文本显然已较难回应现实,其中“证券交易”一章的条文则难以统摄现实中诸多的交易形态及上市、信息披露、违法行为等问题,亟待从“顶层设计”的角度加以修改与重构。在中国证监会推动修改《证券法》之际,~([2])本文针对现行《证券法》第三章“证券交易”进行了研究,并提出修法建议。
The current “Securities Law” promulgated on October 27, 2005, dating back eight years. Over the past eight years, greater capitalism has taken place in China’s capital market. Various types of financial products and financial innovations have emerged. The construction of a multi-level capital market has been put on the agenda of the national economic construction as an important proposition. In this regard, the text of the “Securities Law” eight years ago apparently has been harder to answer the reality, in which the provisions of the chapter on “securities trading” are difficult to reconcile the reality of many trading patterns and listing, information disclosure , Illegal acts and other issues, urgent need to be from the “top design” point of view to be modified and refactored. On the occasion of China Securities Regulatory Commission promoting the revision of “Securities Law”, this article studies the securities law of Chapter III of the Securities Law and puts forward suggestions on revision of law.