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“老鼠仓”行为的频繁发生,从唐建到韩刚再到许春茂等等,虽然其行为都受到了法律的制裁,但是,老鼠仓的行为仍然屡禁不止。究其原因,现行的法律规定不够完善,监管体制不够健全,惩处手段不够严厉,给予证券基金的从业人员可趁之机。《证券法》、《证券基金法》的规定有待于完善,以增加其违法成本较低,避免这种行为的频繁发生。同时,应该构建内部监管体制、完善民事责任追责,多方面的对“老鼠仓”行为进行规制。
“Rat Barn ” behavior occurs frequently, from Tang Jian to Han Gang to Xu Chunmao and so on, although its behavior has been sanctioned by law, however, the behavior of the rat warehouse is still repeated. The reasons for the current legal provisions are not perfect enough, the regulatory system is not perfect sounding means of punishment is not severe enough to give securities funds practitioners can take advantage of the opportunity. The provisions of the “Securities Law” and the “Securities Funds Law” need to be perfected in order to increase their low illegal costs and avoid such frequent occurrences. At the same time, we should build an internal regulatory system, improve the accountability of civil liability, and regulate many aspects of the “rat warehouse” behavior.