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近年来日韩两国充分发挥了大陆法系国家立法的优势,对金融商品相关概念加以抽象化、概括性的定义,成功地建立了系统化的金融服务统合规制体系。日韩两国成文规制方面体系化的优势,使得在英美法系国家进行充分实践的金融商品、金融服务的立法例得到最大程度的总结归纳和发挥,使其定义内涵更加深化、规制体系更加合理,构建了具有大陆法系特色的横向统合的金融服务法体系。本文着重分析日韩两国是如何实现了从大陆法系的传统有价证券概念和法制到现代金融商品概念和法制的华丽转变,以探求对我国的借鉴意义,为即将启动的《证券法》修改中法律适用范围扩大等问题提供参考意见。
In recent years, Japan and South Korea have given full play to the advantages of civil law countries and legislations, abstracted and generalized the related concepts of financial products, and successfully established a systematic system of integrated regulation of financial services. The institutionalization of written regulation in Japan and South Korea has made it possible for the legislative cases of financial products and financial services that are fully practiced in the Anglo-American legal system to be summarized and developed to the fullest extent, deepening the definition of the definition and making the regulatory system more reasonable , Built a horizontal integration of financial services law system with continental legal system characteristics. This article focuses on analyzing how Japan and South Korea have realized the gorgeous transformation from the traditional securities law concepts and legal systems in the civil law system to the concepts and legal systems of modern financial goods in order to explore the meanings for our country and provide reference for the upcoming “Securities Law” Amendments in the law to expand the scope of issues such as providing advice.