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随着我国证券市场市场化趋势的进一步加强,现行行政主导监管的积极作用正在减弱而负面影响正在扩大,这已成为学界的共识。我国的证券监管应如何适应新的趋势,以市场化的方式来解决行政行为过度强化带来一系列的问题和弊端,已经成为十分重要的课题。本文试图从法律的角度,对政府监管机构监管职能体制的现状和存在问题的分析,提出对证券监管机构监管职能的市场化取向的若干建议,以期对完善我国的证券监管有所裨益。
With the further strengthening of the marketization of the securities market in our country, the active role of the current executive-led regulation is declining while the negative impact is expanding. This has become the consensus of the academic community. How to adapt to the new trend of securities regulation in our country and how to solve a series of problems and malpractices caused by the excessive strengthening of administrative acts by means of marketization has become a very important issue. This article attempts to analyze the current situation and existing problems of the regulatory functions of the government regulatory agencies from the legal point of view, and puts forward some suggestions on the market orientation of the regulatory functions of the securities regulatory authorities in the hope of improving the securities supervision in our country.