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20年来,我国证券市场取得了瞩目的成就,各类市场主体的成熟度显著提高,证券市场已具备了良好的运行基础和条件。然而我国的证券法律体系的行政法律色彩大大浓于其应有的民事法律色彩,显得自治不足而管制有余,一定程度上束缚了我国证券市场的发展。本文试图按照放松管制、加强监管、促进主体自治、推动民事法律机制完善的目标,对现行证券法律法规存在的一些具体问题提出完善建议。
In the past 20 years, China’s securities market has made remarkable achievements. The maturity of various market entities has risen significantly. The stock market has already had a good foundation for operation and conditions. However, the administrative law of China’s securities law system is much richer than its due civil law, which seems to be lack of self-governance and oversteps the limits of the development of China’s securities market to a certain extent. This article tries to put forward some suggestions on some specific problems existing in the securities laws and regulations in accordance with the objective of deregulation, strengthening supervision, promoting the autonomy of the subject and promoting the improvement of the civil legal system.