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在证券交易中,由于过失人为差错所导致的错误交易难以避免,且往往会造成严重后果。撤销作为证券错误交易的一种重要处置措施,并未纳入我国证券法律法规和交易所规则之中,而这在发达国家或地区已被广泛适用并形成了完善的制度。证券错误交易的判别标准,是适用撤销制度的前提和基础性制度。本文基于对域外证券错误交易撤销制度中判别标准的考察,针对我国现行法律规范中证券异常交易判别和处置制度的现状与存在的问题,从交易时间、对象、原因、类型、价格、结果六个维度进行我国可撤销证券错误交易判别标准的设计,对我国证券错误交易撤销制度的构建进行了探讨。
In securities trading, false transactions due to human error are hard to avoid and often have serious consequences. As an important disposal measure of the wrong transaction of securities, the withdrawal is not included in the laws, regulations and rules of the securities of our country, which has been widely applied in the developed countries or regions and has formed a perfect system. The criteria for the wrong transaction of securities is the precondition and the basic system for the application of the revocation system. This article is based on the investigation of the discriminant standards in the system of revocation of erroneous transactions in overseas securities. In view of the status quo and existing problems of the system of identification and disposal of abnormal securities in the current laws and regulations of our country, from the aspects of transaction time, object, reason, type, price and result Dimensional design of the standard of discriminative trade of China’s revocable securities, and discusses the construction of the system of China’s securities false trade reversal.