论文部分内容阅读
众所周知,证券和证券市场是市场经济发展的产物。当前,我国的证券市场方兴未艾,涉足证券交易的人越来越多。然而,应该看到,我国的证券市场是在经济转轨这种特殊的背景下产生的,因此不可避免地受到这个时期特有的社会心理和各种经济主体特有的经济行为的影响,存在着某些缺陷。要克服这种缺陷,首要一点是迅速完善我国证券市场的立法及管理活动,以尽快适应证券市场发展的需要。这是因为,一个证券市场要得到健康与平衡的发展,唯有健全证券管理法规。如果没有完善的法律、法规为证券筹资者和投资者提供完备的法律保障,就无法保护人们的合法权益,也无法形成正常的市场秩序,证券市场的积极作用就难以发挥,甚至可能产生负效应。只有把证券市场置于完备健全的法律约束之下,才能管理好证券市场。近期内,国务院先后颁布了《股票发行与交易管理暂行条例》(以下简称《条例》)及《禁止证券欺诈行为暂行办法》(以下简称《办法》)等法规,这无疑是迈出了欣喜的一步。笔者认为.要加强证券市场管理,保障证券业的健康发展,打击和预防证券市场上的违纪、违法
As we all know, the securities and securities markets are the product of market economy. At present, China’s securities market is in the ascendant and more and more people are involved in the securities transactions. However, it should be noticed that the securities market in our country was generated under the special background of economic transition. Therefore, it is inevitably affected by the unique social psychology of this period and the economic behaviors peculiar to various economic subjects. There are some defect. In order to overcome such defects, the first priority is to promptly improve the legislation and management activities of the securities market in our country so as to meet the needs of the development of the securities market as soon as possible. This is because, in order to get a healthy and balanced development of a securities market, only sound securities regulations. Without perfect laws and regulations to provide complete legal protection for securities fund-raisers and investors, people can not protect their legitimate rights and interests and can not form a normal market order. The active role of the securities market will be difficult to exert and may even have a negative effect . Only by putting the securities market under a sound legal framework can we manage the stock market. In the near term, the State Council promulgated the Provisional Regulations on the Administration of Stock Issuance and Trading (the “Regulations”) and the Provisional Regulations on Banning Securities Fraud (hereinafter referred to as the Measures) step. The author believes that to strengthen the securities market management, to ensure the healthy development of the securities industry, combat and prevent securities market discipline, illegal